(1) This section sets out the conditions on which a periodic payment, in the nature of maintenance, that:
(a) is made by an individual (the maintenance payer ); or
(b) is attributable to a payment made by an individual (also the maintenance payer );
is exempt from income tax under item 5.1 of the table in section 51-30.
(2) The maintenance payment is exempt from income tax only if it is made:
(a) to an individual who is or has been the maintenance payer's * spouse; or
(b) to or for the benefit of an individual who is or has been:
(i) a * child of the maintenance payer; or
(ii) a child who is or has been a child of an individual who is or has been a * spouse of the maintenance payer.
(3) The maintenance payment is not exempt if, in order to make it or a payment to which it is attributable, the maintenance payer:
(a) divested any income-producing assets; or
(b) diverted * ordinary income or * statutory income upon which the maintenance payer would otherwise have been liable to income tax.