Document ID: chunk:federal_register_of_legislation:C2024C00851:section:117:p1
Version: federal_register_of_legislation:C2024C00851
Segment Type: section
Provision Reference: s 117 (pt 1/5)
Character Range: 353865–356490

117  Matters as to which court must be satisfied before making order

Court may make departure order
 (1) Where:
 (a) application is made to a court having jurisdiction under this Act for an order under this Division in relation to a child in the special circumstances of the case; and
 (b) the court is satisfied:
 (i) that one or more of the grounds for departure mentioned in subsection (2) exists or exist; and
 (ii) that it would be:
 (A) just and equitable as regards the child, the carer entitled to child support and the liable parent; and
 (B) otherwise proper;
  to make a particular order under this Division;
the court may make the order.

Grounds for departure order
 (2) For the purposes of subparagraph (1)(b)(i), the grounds for departure are as follows:
 (a) that, in the special circumstances of the case, the capacity of either parent to provide financial support for the child is significantly reduced because of:
 (i) the duty of the parent to maintain any other child or another person; or
 (ii) special needs of any other child or another person that the parent has a duty to maintain; or
 (iii) commitments of the parent necessary to enable the parent to support:
 (A) himself or herself; or
 (B) any other child or another person that the parent has a duty to maintain; or
 (iv) high costs involved in enabling a parent to spend time with, or communicate with, any other child or another person that the parent has a duty to maintain;
 (aa) that, in the special circumstances of the case, the capacity of either parent to provide financial support for the child is significantly reduced because of the responsibility of the parent to maintain a resident child of the parent (see subsection (10));
 (b) that, in the special circumstances of the case, the costs of maintaining the child are significantly affected:
 (i) because of high costs involved in enabling a parent to spend time with, or communicate with, the child; or
 (ia) because of special needs of the child; or
 (ib) because of high child care costs in relation to the child; or
 (ii) because the child is being cared for, educated or trained in the manner that was expected by his or her parents;
 (c) that, in the special circumstances of the case, application in relation to the child of the provisions of this Act relating to administrative assessment of child support would result in an unjust and inequitable determination of the level of financial support to be provided by the liable parent for the child:
 (i) because of the income, earning capacity, property and financial resources of the child; or
 (ia) because of the income,