Commonwealth Consolidated Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 124

  (1)   Where:

  (a)   a carer entitled to child support or a liable parent makes an application under paragraph   123(1)(a); and

  (b)   the court is satisfied that it would be:

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

  (ii)   otherwise proper;

    to make an order that the liable parent provide child support for the child otherwise than in the form of periodic amounts paid to the carer entitled to child support;

the court may make the order.

  (2)   In determining the application, the court must have regard to:

  (a)   the administrative assessment in force in relation to the child, the carer entitled to child support and the liable parent; and

  (aa)   any determination in force under Part   6A (departure determinations) in relation to the child, the carer entitled to child support and the liable parent; and

  (b)   any order in force under Division   4 (departure orders) in relation to the child, the carer entitled to child support and the liable parent; and

  (c)   whether the carer entitled to child support is in receipt of an income tested pension, allowance or benefit or, if the carer entitled to child support is not in receipt of such a pension, allowance or benefit, whether the circumstances of the carer are such that, taking into account the effect of the order proposed to be made by the court, the carer would be unable to support himself or herself without an income tested pension, allowance or benefit.

  (3)   In determining whether it would be just and equitable as regards the child, the carer entitled to child support and the liable parent to make an order under subsection   (1), the court must have regard to the matters mentioned in subsections   117(4), (6), (7), (7A) and (8).

  (3A)   In having regard to the earning capacity of a parent of the child under paragraph   117(4)(da), the court may determine that the parent's earning capacity is greater than is reflected in his or her income for the purposes of this Act only if the court is satisfied as mentioned in subsection   117(7B).

  (4)   In determining whether it would be otherwise proper to make an order under subsection   (1), the court must have regard to the matters mentioned in subsection   117(5).

  (5)   Subsections   (2), (3), (3A) and (4) do not limit the matters to which the court may have regard.