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Amendments to Child Support legislation 2018

Amendments to Child Support legislation 2018 – a summary

Schedule 1 – Child support amendments

Part 1 – Interim periods: This Part amends the Child Support (Assessment) Act 1989 and the A New Tax System (Family Assistance) Act 1999 to extend the interim period that applies for recently-established court-ordered care arrangements and provide incentives for the person with increased care to take reasonable action to participate in family dispute resolution where a care dispute relates to an older court order, a parenting plan or a written agreement.

Part 2 – Amended tax assessments: This Part amends the Child Support (Assessment) Act 1989 to allow the Registrar to take into account an amended tax assessment in an administrative assessment of child support if it results in a higher taxable income or, where it results in a lower taxable income, if certain conditions are met based on the reason for the amended tax assessment and the timeliness of action taken to obtain an amended tax assessment.

Part 3 – Child support agreements: This Part amends the Child Support (Assessment) Act 1989 to allow for courts to set aside child support agreements made before 1 July 2008, as well as allowing all child support agreements to be set aside without having to go to court if certain circumstances change.

Part 4 – Overpayments: This Part amends the Child Support (Registration and Collection) Act 1988 and makes other consequential amendments, to align the Registrar’s ability to recover a child support overpayment from a payee with the methods for recovering a child support debt from a payer; to ensure that backdated reductions to a child support assessment collected by the Registrar will be recoverable; and to include new provisions in relation to backdating of assessments, providing a fairer basis for retrospectively creating a child support overpayment or underpayment due to some changes of circumstances.

Schedule 2 – Family tax benefit amendments: This Schedule implements the Supporting No Jab No Pay – Healthy Start for School — new compliance arrangements measure announced in the 2017-18 Budget.

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