Child Support Legislation Amendment (Reform of the Child Support Scheme—New Formula and Other Measures) Act 2006
48Working out percentage of care
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48 Working out percentage of care
(1) A person’s percentage of care for a child for a day in a child support period is the percentage of care of the child that the person is likely to have during the period (the care period) of 12 months from: (a) the day on which an application is made under section 25 or 25A for a parent to be assessed in respect of the costs of the child; or (b) the day on which the Registrar becomes aware of the following: (i) a change of at least 7.1% in the percentage of care of the child that the person has; (ii) that the person’s percentage of care for the child has fallen below 14%; (iii) that the person’s percentage of care for the child has increased to 14%, or above 14%.
Note: The Registrar is not entitled to amend an administrative assessment in respect of a person’s percentage of care unless the Registrar becomes aware of an event mentioned in paragraph (1)(b) (see subsection 75(2)).
(2) The percentage of care is to be worked out in accordance with this Subdivision.
Note: Generally, a person’s percentage of care for a child is worked out based on the number of nights that the child is likely to be in the care of the person during the care period.
(3) If a person’s percentage of care worked out in accordance with this Subdivision is not a whole percentage: (a) if the percentage is greater than 50%—the percentage is rounded up to the nearest whole percentage; and (b) if the percentage is less than 50%—the percentage is rounded down to the nearest whole percentage.