Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018 (36 of 2018)

Schedule 1   Child support amendments

Part 3   Child support agreements

Division 2   Other amendments

Child Support (Assessment) Act 1989

56   After subsection 80D(2)

Insert:

Termination when former eligible carer continues to be entitled to child support

(2A) A binding child support agreement is terminated in relation to a child by force of this subsection if:

(a) a party (the former carer ) to the agreement who is entitled to be paid or provided child support for the child (disregarding section 67A) under the agreement ceases to be an eligible carer of the child; and

(b) the period of 28 days after the former carer ceases to be an eligible carer of the child ends without the former carer again becoming an eligible carer of the child; and

(c) the agreement is not suspended under section 86 on the day after the period ends as a result of that cessation; and

(d) a child support terminating event does not occur under subsection 12(2AA); and

(e) the former carer continues to be entitled to be paid or provided child support for the child under the agreement despite ceasing to be an eligible carer.

Note: The agreement may continue in relation to other children to whom the agreement relates if the person does not cease to be an eligible carer of those children (see section 87).

When child support agreement is terminated