Western Australian Current Acts Western Australian Current Acts (1) In determining the
financial contribution, or respective financial contributions, towards the
financial support necessary for the maintenance of a child that should be made
by a party, or by parties, to the proceedings, a court must take into account
these (and no other) matters —
(a) the
matters mentioned in sections 114, 115 and 116; and
(b) the
income, earning capacity, property and financial resources of the party or
each of those parties (this is expanded on in subsection (2)); and
(c) the
commitments of the party, or each of those parties, that are necessary to
enable the party to support —
(i)
himself or herself; or
(ii)
any other child or another person that the person has a
duty to maintain;
and
(d) the
direct and indirect costs incurred by the parent or other person with whom the
child lives in providing care for the child (this is expanded on in subsection
(3)); and
(e) any
special circumstances which, if not taken into account in the particular case,
would result in injustice or undue hardship to any person.
(2) In taking into
account the income, earning capacity, property and financial resources of a
party to the proceedings, a court must have regard to the capacity of the
party to earn and derive income, including any assets of, under the control of
or held for the benefit of the party that do not produce, but are capable of
producing, income.
(3) In taking into
account the direct and indirect costs incurred by the parent or other person
with whom the child lives in providing care for the child, a court must have
regard to the income and earning capacity forgone by the parent or other
person in providing that care.
(4) In determining the
financial contribution, or respective financial contributions, that should be
made by a party, or by parties, to the proceedings, a court must disregard
—
(a) any
entitlement of the child, or the person with whom the child lives, to an
income tested pension, allowance or benefit; and
(b) the
income, earning capacity, property and financial resources of any person who
does not have a duty to maintain the child, or has such a duty but is not a
party to the proceedings, unless, in the special circumstances of the case,
the court considers it appropriate to have regard to them.
(5) In determining the
financial contribution, or respective financial contributions, that should be
made by a party, or by parties, to the proceedings, a court must consider the
capacity of the party, or each of those parties, to provide maintenance by way
of periodic payments before considering the capacity of the party, or each of
those parties, to provide maintenance —
(a) by
way of lump sum payment; or
(b) by
way of transfer or settlement of property; or
(c) in
any other way.
(6) Subsections (2) to
(5) do not limit, by implication, the matters to which a court may have regard
in taking into account the matters referred to in subsection (1).