Document ID: chunk:federal_register_of_legislation:C2024C00851:section:117:p4
Version: federal_register_of_legislation:C2024C00851
Segment Type: section
Provision Reference: s 117 (pt 4/5)
Character Range: 360783–363328

to be, cared for, educated or trained; and
 (b) any special needs of the child.

Income, earning capacity, property and financial resources
 (7) In having regard to the income, earning capacity, property and financial resources of the child, the court must:
 (a) have regard to the capacity of the child to earn or derive income, including any assets of, under the control of, or held for the benefit of, the child that do not produce, but are capable of producing, income; and
 (b) disregard:
 (i) the income, earning capacity, property and financial resources of any person who does not have a duty to maintain the child, or who has such a duty but is not a party to the proceeding, unless, in the special circumstances of the case, the court considers that it is appropriate to have regard to them; and
 (ii) any entitlement of the child or the carer entitled to child support to an income tested pension, allowance or benefit.
 (7A) In having regard to the income, property and financial resources of a parent of the child, the court must:
 (a) have regard to the capacity of the parent to derive income, including any assets of, under the control of, or held for the benefit of, the parent that do not produce, but are capable of producing, income; and
 (b) disregard:
 (i) the income, earning capacity, property and financial resources of any person who does not have a duty to maintain the child, or who has such a duty but is not a party to the proceeding, unless, in the special circumstances of the case, the court considers that it is appropriate to have regard to them; and
 (ii) any entitlement of the child or the carer entitled to child support to an income tested pension, allowance or benefit.
 (7B) In having regard to the earning capacity of a parent of the child, 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 that:
 (a) one or more of the following applies:
 (i) the parent does not work despite ample opportunity to do so;
 (ii) the parent has reduced the number of hours per week of his or her employment or other work below the normal number of hours per week that constitutes full‑time work for the occupation or industry in which the parent is employed or 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,