Document ID: chunk:federal_register_of_legislation:C2024C00851:section:117:p5
Version: federal_register_of_legislation:C2024C00851
Segment Type: section
Provision Reference: s 117 (pt 5/5)
Character Range: 363088–364913

otherwise engaged;
 (iii) the parent has changed his or her occupation, industry or working pattern; and
 (b) the parent's decision not to work, to reduce the number of hours, or to change his or her occupation, industry or working pattern, is not justified on the basis of:
 (i) the parent's caring responsibilities; or
 (ii) the parent's state of health; and
 (c) the parent has not demonstrated that it was not a major purpose of that decision to affect the administrative assessment of child support in relation to the child.

Direct and indirect costs in providing care
 (8) In having regard to the direct and indirect costs incurred by the carer entitled to child support in providing care for the child, the court must have regard to the income and earning capacity foregone by the carer entitled to child support in providing that care.

Subsections not to limit consideration of other matters
 (9) Subsections (4) to (8) (inclusive) do not limit other matters to which the court may have regard.

Definition of resident child
 (10) For the purposes of this section, a child is a resident child of a person only if:
 (a) the child normally lives with the person, but is not a child of the person; and
 (b) the person 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 child; and
 (d) the child is aged under 18; and
 (e) the child is not a member of a couple; and
 (f) one or more of the following applies in respect of each parent of the child:
 (i) the parent has died;
 (ii) the parent is unable to support the child due to the ill‑health of the parent;
 (iii) the parent is unable to support the child due to the caring responsibilities of the parent; and
 (g) the court is satisfied that the resident child requires financial assistance.