Western Australian Current Acts Western Australian Current Acts (1) Nothing in
section 123(3), or in this Subdivision (apart from subsection (2)), affects
the recovery of arrears due under a child maintenance order in relation to a
child when the order ceases to be in force.
(2) If arrears are due
under such an order when the order ceases to be in force, the court may, by
order, retrospectively —
(a)
discharge the order if there is just cause for doing so; or
(b) vary
the order so as to increase or decrease the arrears to be paid under the order
if the court is satisfied that —
(i)
the circumstances of the person liable to pay the arrears
are such as to justify the variation; or
(ii)
the circumstances of the person entitled to receive the
arrears are such as to justify the variation; or
(iii)
in the case of an order that operated in favour of, or
that was binding on, a legal personal representative, the circumstances of the
estate are such as to justify the variation.
[Section 132 inserted: No. 25 of 2002 s. 62(1).]
[Heading inserted: No. 35 of 2006 s. 62.]