150ESuspension of liability to pay child support where parents reconcile

150E Suspension of liability to pay child support where parents reconcile

Child support not payable if parents reconcile (1) The Registrar must make a determination (a suspension determination) that child support is not payable for a child by a liable parent to the other parent of the child if: (a) the Registrar is notified, or otherwise becomes aware, that the parents have become members of the same couple; and (b) the Registrar is satisfied that the parents have become members of the same couple. (2) If the Registrar makes a suspension determination, child support for the child is not payable by the liable parent to the other parent: (a) from the day the Registrar determines that the parents became members of the same couple; and (b) until the Registrar makes a determination under subsection (3) in relation to the parents.

Note: Under section 12, there is a child support terminating event if the parents are members of the same couple for a period of 6 months or more.

Payment of child support to continue if reconciliation not successful (3) If: (a) a child support terminating event has not happened in relation to a child and the child’s parents under subsection 12(5); and (b) the Register is satisfied that the parents have ceased being members of the same couple; then the Registrar must make a determination under this subsection that child support is again payable by the liable parent to the other parent. (4) If the Registrar makes a determination under subsection (3), child support is again payable by the liable parent to the other parent from the day that the Registrar is satisfied that the parents ceased to be members of the same couple. Suspension determination not to prevent payment of child support to non‑parent carers (5) To avoid doubt, child support is still payable by a liable parent for a child to a non‑parent carer of the child despite a suspension determination being made in respect of the parents of the child.

Child Support (Registration and Collection) Act 1988

3 Subsection 39(5)

Repeal the subsection, substitute:

(5) The Registrar must grant the application unless the Registrar is satisfied that: (a) the payer of the liability has been complying with his or her child support obligations in relation to the payee; or (b) the payer of the liability has satisfactorily explained and rectified a failure to comply with his or her child support obligations in relation to a payee; or (c) there are special circumstances that exist in relation to the liability that make it appropriate to refuse the application.

4 Section 71A

Before “Subject”, insert “(1)”.

5 Section 71A

After “section 30”, insert “and in accordance with subsections (2) and (3)”.