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

Schedule 6   Amendments relating to departure orders (commencing on 1 July 2008)

Part 1   Amendments

Child Support (Assessment) Act 1989

9   Subsection 117(3)

Repeal the subsection, substitute:

Parent's responsibility to maintain resident child

(2A) The ground for departure mentioned in paragraph (2)(aa) is taken not to exist in respect of a resident child unless:

(a) the resident child normally lives with the parent, but is not a child of the parent; and

(b) the parent is, or was, for 2 continuous years, a member of a couple; and

(c) the other member of the couple is, or was, a parent of the resident child; and

(d) the resident child is aged under 18; and

(e) the resident child is not a member of a couple; and

(f) neither parent of the resident child is able to support the resident child due to:

(i) the death of the parent; or

(ii) the ill-health of the parent; or

(iii) the responsibility of the parent to care for another child; and

(g) the court is satisfied that the resident child requires financial assistance.

High costs involved in enabling parent to care for a child

(2B) A parent's costs involved in enabling the parent to care for a child can only be high for the purposes of subparagraph (2)(a)(iv) or (2)(b)(i) if the costs that have been or will be incurred, during a child support period, total more than 5% of the amount worked out by:

(a) dividing the parent's adjusted taxable income for the period by 365; and

(b) multiplying the quotient by the number of days in the period.

(2C) If a parent has at least regular care of a child, then the only costs that can be taken into account for the purposes of subsection (2B) are costs related to travel to enable the parent to care for the child.