Part 7
Jurisdiction of courts in relation to child support and domestic maintenance
Orders for provision of child support in form of lump sum
110Relationship between lump sum orders and assessed child support
Where—
- a liable parent is liable to provide child support to a receiving carer in respect of a child under a lump sum order made under section 109; and
- the liable parent is also liable to pay child support to that receiving carer in respect of that child under a formula assessment,—
- just and equitable as regards the child, the liable parent, and the receiving carer; and
- otherwise proper,—
The court shall state in the lump sum order whether or not any such credit has been given.
If the court states in the order that the child support is to be credited against the liable parent's liability under any relevant formula assessment, the court must also state in the order either—
- that the child support has an annual value of a specified amount and that the annual rate of the child support payable under any relevant formula assessment is to be reduced by that amount (but not in a child support year below the minimum annual rate for that year under section 72(1)(a)); or
- that the child support is to count for a specified percentage of the annual rate of child support payable under any relevant formula assessment.
The court may, under subsections (1) and (3), make different provision in relation to different child support years and in relation to different parts of a child support year.
In making a determination under subsection (1)(d), the court must have regard to the matters mentioned in section 105(4) and (5).
The court may have regard to other matters beyond those specified in subsection (5).
Subject to section 98(2), an order made under this section shall not operate so as to increase or reduce the amount of child support payable in relation to any child to whom the order does not apply, and the child support payable in relation to any such other child shall be calculated as if the order had not been made.
Compare
- Child Support (Assessment) Act 1989 s 125 (Aust)
Notes
- Section 110(1)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
- Section 110(1)(b): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
- Section 110(1)(c): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
- Section 110(3)(a): amended, on , by section 5(2) of the Child Support Amendment Act 2001 (2001 No 90).