Child Support Legislation Amendment (Reform of the Child Support Scheme - New Formula and Other Measures) Act 2006 (146 of 2006)

Schedule 5   Amendments relating to child support agreements and court orders (commencing on 1 July 2008)

Part 1   Main amendments

Division 2   Lump sum payments

Child Support (Assessment) Act 1989

45   Subsections 125(1), (2) and (3)

Repeal the subsections, substitute:

(1) If the court makes an order under section 124, the court must state in the order whether the annual rate of child support payable by the liable parent under any relevant administrative assessment is to be reduced, in the manner specified under subsection (3), by the child support ordered to be provided by the liable parent.

(2) The court may state that the annual rate of child support payable by the liable parent is not to be so reduced only if it is satisfied that, in the special circumstances of the case, it would be:

(a) just and equitable as regards the child, the carer entitled to child support and the liable parent; and

(b) otherwise proper;

that the annual rate of child support not be reduced by the child support ordered to be provided.

(3) If the court states in the order that the annual rate of child support is to be reduced by the child support ordered to be provided, the court must also state in the order either:

(a) that the annual rate of child support payable is to be reduced by a specified amount that represents an annual value of the child support to be provided; or

(b) that the annual rate of child support payable is to be reduced by 100% or another specified percentage that is less than 100%.