40ACases where there is more than one person entitled to child support

40A Cases where there is more than one person entitled to child support

(1) If, in applying: (a) subsection 36(4) or 38(5) or (6); or (b) step 9 in the method statement in subsection 39(1) or 40(1); or (c) subsection 65A(5); child support is payable to: (d) a parent and a non‑parent carer of a child; or (e) 2 non‑parent carers of a child; then, the annual rate of child support for the child for a day in the child support period that each parent or non‑parent carer (as the case requires) is, subject to section 40B, entitled to be paid is:

Start formula Total rate to which parent and non-parent carers are entitled to be paid for the day times start fraction Parent's or non-parent carer's cost percentage for the child for the day over Total parent's and non-parent carer's cost percentages for the child for the day end fraction end formula

Note: Under section 40B, a non‑parent carer of a child is not entitled to be paid child support unless he or she applies under section 25A in relation to the child.

(2) In applying subsection (1), even if a non‑parent carer is not entitled to be paid an annual rate of child support because of section 40B, the non‑parent carer’s cost percentage is taken into account.