The Legal Practitioner's Guide

Contents



Foreword

1. Formula assessment
1.1 Summary
1.2 Changes from 1 July 2008
1.3 (a) Basic Formula (Formula 1) components
1.3 (b) Formula 1 example
1.4 Formulae 2 to 6
1.5 Which components of the Formula can be varied?

2. Child support agreements
2.1 Summary
2.1 (a) Child support agreements made before 1 July 2008
2.1 (b) Child support agreements made after 1 July 2008
2.2 (a) Binding child support agreements
2.2 (b) Limited child support agreements
2.3 Effect of agreements on Family Tax Benefit Part A

3. Applying to court for departure orders

4. Court orders or child support agreements that vary the child support assessment
4.1 Resources of the parents
4.2 Cost of the child
4.3 Other
4.4 Drafting court orders and agreements
4.4.1 General tips and problems
4.4.2 (a) Setting or adjusting the annual rate
4.4.2 (b) Indexing the amount payable
4.4.2 (c) Unemployment clauses
4.4.3 Varying or setting components of the formula
4.4.3 (a) Formula components
4.4.3 (b) Varying a parent's adjusted taxable income
4.4.3 (c) Varying a parent's self-support amount
4.4.3 (d) Setting a parent's child support income
4.4.3 (e) Varying the child support percentage
4.4.3 (f) Varying the costs of children
4.4.3 (g) Varying the cost percentage
4.4.4 A child's income
4.4.5 Discharging arrears

5. Departure orders or agreements that provide for a lump sum or payments to third parties
5.1 Summary
5.1 (a) Court departure orders
5.1 (b) Child support agreements
5.2 Suggested draft terms
5.2 (a) Lump sum payments
5.2 (b) Payments to third parties
5.2 (c) Lump sums plus a fixed periodic amount
5.2 (d) Payments to third parties plus a fixed periodic amount

6. Court orders about parentage/step-children
6.1 Summary
6.1.1 Parentage
6.1.2 CSA will hold money pending a section 107 application
6.1.3 Step-children
6.2 Suggested draft terms
6.2.1 Section 106A declarations
6.2.2 Section 107 declarations
6.2.3 Section 143 orders
6.2.4 Orders under section 66M of the Family Law Act 1975

7. Court orders staying the operation of child support legislation pending proceedings
7.1 Summary
7.1.1 Filing an urgent stay application
7.2 Suggested draft terms
7.2.1 Stay order pending an objection, SSAT review, court proceedings or Part 6A (arrears amount)
7.2.2 Paying a different amount pending proceedings
7.2.3 Stay order pending objection and a review by the SSAT
7.2.4 No payments pending proceedings
7.2.5 Tips and problems
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