Document ID: chunk:federal_register_of_legislation:C2024C00851:section:123a:p2
Version: federal_register_of_legislation:C2024C00851
Segment Type: section
Provision Reference: s 123A (pt 2/2)
Character Range: 372996–373913

or herself without an income tested pension, allowance or benefit.
 (5) 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).
 (6) 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).
 (7) 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).
 (8) Subsections (4), (5), (6) and (7) do not limit the matters to which the court may have regard.