3.2.3: Court orders and court-registered maintenance agreements

Context

A court order or court-registered maintenance agreement can be a registrable maintenance liability.

Legislative references

Sections 17 and 18 of the Child Support (Registration and Collection) Act 1988

Explanation

A person's liability to pay a periodic amount of maintenance for their child, step-child, or spouse or former spouse (but not a de facto spouse) under a court order or court-registered agreement is a registrable maintenance liability (sections 17(1)(b)(i) and 18(b)(i) Registration and Collection Act).

Chapter 3.1 Types of orders contains more information about the types of stage 1 orders and court-registered agreements that are available, and when they cease to be in force. A court order that is not in force cannot be a registrable maintenance liability.

A court order that varies a child support assessment does not in itself give rise to a registrable maintenance liability. The registrable maintenance liability arises from CSA's child support assessment, which CSA will amend to give effect to the order. (See chapter 2.7 Court variation to assessments).

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Version 1.0

Issued 1 October 2002

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