Commonwealth Numbered Acts

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CHILD SUPPORT (ASSESSMENT) ACT 1989 No. 124 of 1989 - SECT 143

Amounts paid where no liability to pay exists etc.
143. (1) Where:

   (a)  an amount of child support is paid by a person to another person; and

   (b)  the person is not liable, or subsequently becomes not liable, to pay
        the amount to the other person; the amount may be recovered in a
        court having jurisdiction under this Act.

(2) Where:

   (a)  an amount is paid by a person to another person for a child in
        relation to a period under an order made under section 139 (Urgent
        maintenance orders); and

   (b)  child support does not become payable by the person to the other
        person for the child in relation to the period; the amount may be
        recovered in a court having jurisdiction under this Act.

(3) In a proceeding in a court under this section, the court may make such
orders as it considers just and equitable for the purpose of adjusting or
giving effect to the rights of the parties and the child concerned.

(4) An amount paid to the Commonwealth under section 30 of the Child Support 
(Registration and Collection) Act 1988 is to be taken, for the purposes of
this section, to have been paid to the person to whom, apart from that
section, the amount would have been payable. 


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