Commonwealth Consolidated Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 118

  (1)   The orders that a court may make under this Division are as follows:

  (a)   an order varying the annual rate of child support payable by a parent;

  (b)   an order varying a parent's or non - parent carer's cost percentage for a child;

  (c)   an order varying a parent's child support income;

  (d)   an order varying the parents' combined child support income;

  (e)   an order that:

  (i)   the column in the Costs of the Children Table that covers a parent's child support income or combined child support income that is, or is ordered to be, greater than 2.5 times the annualised MTAWE figure for the relevant June quarter, is the column headed "2 to 2.5"; and

  (ii)   the column is to apply as if the second dollar amount in the heading to that column did not apply;

  (f)   an order varying a parent's child support percentage;

  (g)   an order varying a parent's adjusted taxable income;

  (h)   an order varying a parent's relevant dependent child amount or multi - case allowance;

  (i)   an order varying a parent's self - support amount;

  (j)   an order varying the costs of the children.

  (2)   An order under this section may make different provision in relation to different child support periods and in relation to different parts of a child support period.

  (2B)   A court may only make an order under this Division in respect of a day in a child support period, being a day that is more than 18 months earlier than the day on which the application for the order is made under section   116, if the court has granted leave under section   112 for the order to be made.

  (2C)   If the court has granted leave under section   112, the court may only make an order under this Division in respect of a day in a child support period if the day is within the period specified by the court, under subsection   112(6), in the order granting the leave.

  (3)   If the court makes an order under this section, the court must:

  (a)   give reasons for making the order (including reasons for its satisfaction as required by paragraph   117(1)(b)); and

  (b)   cause the reasons to be entered in the records of the court.

  (4)   Subsection   (3) does not apply in relation to an order if:

  (a)   it is an order made by consent; and

  (b)   the carer entitled to child support concerned is not in receipt of an income tested pension, allowance or benefit.

  (5)   A contravention of subsection   (3) in relation to an order does not affect the validity of the order.