Document ID: chunk:federal_register_of_legislation:C2024C00851:section:117:p3
Version: federal_register_of_legislation:C2024C00851
Segment Type: section
Provision Reference: s 117 (pt 3/5)
Character Range: 358559–361034

the carer entitled to child support and the liable parent to make a particular order under this Division, the court must have regard to:
 (a) the nature of the duty of a parent to maintain a child (as stated in section 3); and
 (b) the proper needs of the child; and
 (c) the income, earning capacity, property and financial resources of the child; and
 (d) the income, property and financial resources of each parent who is a party to the proceeding; and
 (da) the earning capacity of each parent who is a party to the proceeding; and
 (e) the commitments of each parent who is a party to the proceeding that are necessary to enable the parent to support:
 (i) himself or herself; or
 (ii) any other child or another person that the person has a duty to maintain; and
 (f) the direct and indirect costs incurred by the carer entitled to child support in providing care for the child; and
 (g) any hardship that would be caused:
 (i) to:
 (A) the child; or
 (B) the carer entitled to child support;
  by the making of, or the refusal to make, the order; and
 (ii) to:
 (A) the liable parent; or
 (B) any other child or another person that the liable parent has a duty to support;
  by the making of, or the refusal to make, the order; and
 (iii) to any resident child of the parent (see subsection (10)) by the making of, or the refusal to make, the order.
 (5) In determining whether it would be otherwise proper to make a particular order under this Division, the court must have regard to:
 (a) the nature of the duty of a parent to maintain a child (as stated in section 3) and, in particular, the fact that it is the parents of a child themselves who have the primary duty to maintain the child; and
 (b) the effect that the making of the order would have on:
 (i) any entitlement of the child, or the carer entitled to child support, to an income tested pension, allowance or benefit; or
 (ii) the rate of any income tested pension, allowance or benefit payable to the child or the carer entitled to child support.

Proper needs of the child
 (6) In having regard to the proper needs of the child, the court must have regard to:
 (a) the manner in which the child is being, and in which the parents expected the child to be, cared for, educated or trained; and
 (b) any special needs of the child.

Income, earning capacity, property and financial resources
 (7) In having regard to the income, earning capacity, property and financial resources of the child, the court