Commonwealth Consolidated Acts

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CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 50

Determination of percentage of care--responsible person has had etc. a pattern of care for a child

  (1)   This section applies if:

  (a)   either of the following applies:

  (i)   an application is made under section   25 or 25A for a parent to be assessed in respect of the costs of the child;

  (ii)   a parent is taken under section   73A to have had a relevant dependent child from a day specified in that section;

    and the Registrar is satisfied that a responsible person for the child has had, or is likely to have, a pattern of care for the child during such period (the care period ) as the Registrar considers to be appropriate having regard to all the circumstances; or

  (b)   both of the following apply:

  (i)   the determination of a responsible person's percentage of care for a child that was made under section   49 or this section is revoked or suspended under Subdivision C of this Division, except under paragraph   54FA(3)(b) or 54HA(3)(b);

  (ii)   the Registrar is satisfied that the responsible person has had, or is likely to have, a pattern of care for the child during such period (the care period ) as the Registrar considers to be appropriate having regard to all the circumstances.

  (2)   The Registrar must determine the responsible person's percentage of care for the child during the care period.

  (3)   The percentage determined under subsection   (2) must be a percentage that corresponds with the actual care of the child that the Registrar is satisfied that the responsible person has had, or is likely to have, during the care period.

  (4)   Subsection   (3) does not apply if section   51 applies in relation to the responsible person.


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