Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:6_9
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 6 cl 9
Character Range: 397293–398900

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.