2.4.9: The payer or payee has contravened a court order for residence or contact for the child
Context
Where either parent's level of care is affected by the contravention of a court order or registered parenting plan the basic formula is modified. The formulas for shared, substantial or major care are applied but each parent is taken to have the lesser of the actual care or care under the order or parenting plan.
Legislative references
Subdivision H of Division 2 of Part 5, sections 54A and 54B Child Support (Assessment) Act 1989
Explanation
The level of care of a child that a parent has is modified if there has been a breach of a parenting plan or court order without a reasonable excuse. (See chapter 2.2 topic levels of care) (section 8A). In these cases:
- The income cap for high-income payers operates if applicable (section 54B(1)(a)).
- The disregarded amount does not apply to the payee (section 54B(1)(b)).
- To work out each parent's exempted income amount allowance is made for shared children, but not for children with whom the parent has only substantial care (section 54B(1)(d) and (e)).
- To work out the child support percentage in each assessment:
- a child in substantial care counts as 0.35 of a child,
- a child in shared care counts as 0.50 of a child, and
- a child in major care counts as 0.65 of a child.
Example
| M and F have one child under 10, A. A lives with M. A court order provides that M is to have major care of A and F is to have substantial care of A. However M has breached the order and A has no contact with F. M is taken to have major contact and F is taken to not be an eligible carer. M has a child support income of $40,000. F has a child support income of $30,000. The annual rate of child support (for a child support period commencing 1 January 2003) is calculated: |
M is not a liable parent. As a liable parent, F has no relevant dependants.
F is liable to pay child support for 0.65 children. F's child support percentage is 14%. |
| F is liable to pay M an annual rate of child support calculated as: |
= ($30,000 - $12,315) ´ 14%
= $2,476 |
Version 1.4
Issued 23 December 2003
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