34CAdministrative assessments for child support periods not started by application or new agreement

34C Administrative assessments for child support periods not started by application or new agreement

The Registrar must assess under this Act the annual rate of child support payable for a child for days in a child support period either before, or as soon as practicable after, the start of the period unless: (a) the period starts when the application is made under Part 4; or (b) the period starts on a day mentioned in paragraph 93(1)(g); or (c) an assessment of the child support payable for the child for days in the period has already been made as required by section 34A; or (d) the period starts on the first day for which a child support agreement described in subsection 34B(1) is to affect the annual rate of child support payable for the child.

Note 1: Section 31 requires the Registrar to make an assessment of child support payable as quickly as possible after accepting an application under Part 4.

Note 2: Subsection 93(2) requires the Registrar to make an assessment of child support payable as soon as practicable after accepting certain child support agreements.

Note 3: If a child support agreement has effect for the purposes of the child support period, it will affect the assessment (see section 95).

77 Paragraphs 83(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) 2 parents of a child who, under section 25, would be able to properly make an application for administrative assessment of child support for the child in relation to whom the agreement is made on the day on which the agreement is entered into; or
(b) one or both parents of a child, and a non‑parent carer of the child, who, under sections 25 and 25A, would be able to properly make an application for administrative assessment of child support for the child in relation to whom the agreement is made on the day on which the agreement is entered into.

78 Subsection 98S(1)

Repeal the subsection, substitute:

(1) The determinations the Registrar may make under this Part are as follows: (a) a determination varying the annual rate of child support payable by a parent; (b) a determination varying a parent’s or non‑parent carer’s cost percentage for a child; (c) a determination varying a parent’s child support income; (d) a determination varying the parents’ combined child support income; (e) a determination that: (i) the column in the Costs of the Children Table that covers a parent’s child support income or combined child support income that is, or is determined to be, greater than 2.5 times the annualised MTAWE figure for the relevant September quarter, is the column headed “2 to 2.5”; and (ii) the column is to apply as if the second dollar amount in the heading to that column did not apply; (f) a determination varying a parent’s child support percentage; (g) a determination varying a parent’s adjusted taxable income; (h) a determination varying a parent’s relevant dependent child amount or multi‑case allowance; (i) a determination varying a parent’s self‑support amount; (j) a determination varying the costs of the children.