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CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 40A

Cases where there is more than one person entitled to child support

  (1)   If, in applying:

  (a)   subsection   36(4) or 38(5) or (6); or

  (b)   step 9 in the method statement in subsection   39(1) or 40(1); or

  (c)   subsection   65A(5);

child support is payable to:

  (d)   a parent and a non - parent carer of a child; or

  (e)   2 non - parent carers of a child;

then, the annual rate of child support for the child for a day in the child support period that each parent or non - parent carer (as the case requires) is, subject to section   40B, entitled to be paid is:

Start formula Total rate to which parent and non-parent carers are entitled to be paid for the day times start fraction Parent's or non-parent carer's cost percentage for the child for the day over Total parent's and non-parent carer's cost percentages for the child for the day end fraction end formula

Note:   Under section   40B, a non - parent carer of a child is not entitled to be paid child support unless he or she applies under section   25A in relation to the child.

  (2)   In applying subsection   (1), even if a non - parent carer is not entitled to be paid an annual rate of child support because of section   40B, the non - parent carer's cost percentage is taken into account.



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