Formula 2: Working out annual rates of child support using incomes of both parents in single child support case with a non‑parent carer
36 Formula 2: Working out annual rates of child support using incomes of both parents in single child support case with a non‑parent carer
This is how to work out the annual rate of child support payable for a child for a day in a child support period if one or more non‑parent carers have a percentage of care for the child for the day.
Follow steps 1 to 8 of the method statement in section 35 for each parent (disregarding subsection 55D(2) (negative child support percentages)).
Annual rate payable by parent
If a parent's (the first parent's) child support percentage under step 6 of the method statement in section 35 is positive, then the annual rate of child support payable by the first parent for the child for the day is the annual rate of child support for the child worked out under step 8 of the method statement.
Annual rate payable only to non‑parent carers
If:
the second parent's child support percentage is also positive; or
the second parent's child support percentage is nil or negative, and the second parent does not have at least shared care of the child during the relevant care period;
then, subject to section 40B, the first parent must pay the annual rate of child support that is payable by the first parent for the child under subsection (3) to the non‑parent carer or carers in accordance with section 40A.
If both parents have a positive child support percentage, then the non‑parent carer or carers are entitled to be paid the total of the 2 annual rates of child support that are payable by the parents for the child.
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.
Annual rate payable to parent and non‑parent carer
If the second parent's child support percentage is negative, and the second parent has at least shared care of the child during the relevant care period, then:
the first parent must pay to the second parent the annual rate of child support for the child worked out under step 8 of the method statement using the second parent's negative child support percentage (expressed as a positive); and
subject to section 40B, the first parent must pay to the non‑parent carer an annual rate of child support for the child that is the difference between:
the annual rate of child support payable by the first parent for the child under subsection (3); and
the rate referred to in paragraph (a) of this subsection.
Subdivision C-Working out annual rates of child support using incomes of both parents in multiple child support cases
This Act’s bill:Explanatory memorandumSecond reading speech
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