Part 5Assessment of child support and domestic maintenance
Provisions relating to making of assessments
82Parents and receiving carers to advise Commissioner of changes
For the purpose of enabling the Commissioner to make or amend a calculation of child support payable in respect of a child in any child support year under a formula assessment, every parent and every receiving carer of the child must advise the Commissioner of any change in the parent's or carer's living circumstances occurring during the child support year that affects, or may affect, any of the following:
- in relation to parents and non-parent carers, the determination of the person's care cost percentage:
- in relation only to parents, the following:
- the person's appropriate living allowance:
- the application or calculation of any dependent child allowance (if any):
- the application or calculation of any person's multi-group allowance (if any):
- the application or calculation of any person's multi-group cap (if applicable).
- the person's appropriate living allowance:
If the Commissioner is satisfied that a relevant change of living circumstances has occurred, the change is to be treated as having occurred—
- on the date on which the change occurred, in any of the following cases:
- in relation to a liable parent, where the change has the effect of increasing the amount of the parent's child support liability:
- in relation to a receiving carer, where the change has the effect of decreasing the amount of child support payable in respect of that carer:
- where notice of the change is received by the Commissioner within 28 days after the date on which the change occurred; or
- in relation to a liable parent, where the change has the effect of increasing the amount of the parent's child support liability:
- on the date on which the Commissioner receives notice of the change, in either of the following cases (unless paragraph (a)(iii) applies):
- in relation to a liable parent, where the change has the effect of decreasing the amount of the parent's child support liability:
- in relation to a receiving carer, where the change has the effect of increasing the amount of child support payable in respect of that carer.
- in relation to a liable parent, where the change has the effect of decreasing the amount of the parent's child support liability:
Every notification of a change must be accompanied by such documentation as the Commissioner requires.
The Commissioner may disregard subsection (2), and may determine the date on which a particular change in living circumstances is to be treated as having occurred, in any case where 2 or more people give notice under this section relating to the same change, and the application of subsection (2) would result in the same change having to be treated as having occurred on different days in relation to different people.
Notes
- Section 82: replaced, on , by section 15 of the Child Support Amendment Act 2013 (2013 No 12).