Document ID: chunk:federal_register_of_legislation:C2018A00036:clause:1_86
Version: federal_register_of_legislation:C2018A00036
Segment Type: clause
Provision Reference: sch 1 cl 86
Character Range: 79371–81144

86  Suspension of child support agreements when person is not eligible carer
 (1) A child support agreement is suspended in relation to a child by force of this section on a day if:
 (a) a party (the former carer) to the agreement who is entitled to be paid or provided child support for the child (disregarding section 67A) under the agreement is not an eligible carer of the child on that day; and
 (b) the period (including that day) during which the former carer has not been an eligible carer of the child is:
 (i) 28 days or less; or
 (ii) if subsection (2) applies—26 weeks or less; and
 (c) a child support terminating event does not occur under subsection 12(2AA); and
 (d) the former carer would (apart from this section) continue to be entitled to be paid or provided child support for the child under the agreement in respect of the day despite ceasing to be an eligible carer.
Note: The agreement may continue without suspension in relation to other children to whom the agreement relates if the person does not cease to be an eligible carer of those children (see section 87).
 (2) The former carer may cease to be an eligible carer of the child for up to 26 weeks under subparagraph (1)(b)(ii) if:
 (a) the child support agreement provides that the agreement is to be suspended if a party to the agreement ceases to be an eligible carer of the child for a period of more than 28 days; or
 (b) after the former carer ceases to be an eligible carer, each of the parties to the agreement notifies the Registrar, before the end of the 26 week period, that the parties to the agreement want the agreement suspended for more than 28 days; or
 (c) the Registrar is satisfied that there are special circumstances in relation to the change in the care of the child.