Document ID: chunk:federal_register_of_legislation:C2024C00851:section:117:p2
Version: federal_register_of_legislation:C2024C00851
Segment Type: section
Provision Reference: s 117 (pt 2/5)
Character Range: 356244–358769

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, property and financial resources of either parent; or
 (ib) because of the earning capacity of either parent; or
 (ii) because of any payments, and any transfer or settlement of property, made or to be made (whether under this Act, the Family Law Act 1975 or otherwise) by the liable parent to the child, to the carer entitled to child support or to any other person for the benefit of the child.

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 spend time with, or communicate with, the child.

High child care costs
 (3A) The ground for departure mentioned in subparagraph (2)(b)(ib) is taken not to exist unless:
 (a) the costs are incurred by a parent or a non‑parent carer; and
 (b) the child is younger than 12 at the start of the child support period.
 (3B) Child care costs for a parent can only be high for the purposes of subparagraph (2)(b)(ib) if, during a child support period, they 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.
 (3C) Child care costs for a non‑parent carer can only be high for the purposes of subparagraph (2)(b)(ib) if, during a child support period, they total at least 25% of the costs of the child for that period.

Matters to consider for purposes of subparagraph (1)(b)(ii)
 (4) 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 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