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CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 123 Application for order under Division

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 123

Application for order under Division

  (1)   An application may be made to a court having jurisdiction under this Act for:

  (a)   an order that a liable parent provide child support otherwise than in the form of periodic amounts paid to the carer entitled to child support; or

  (b)   an order that a liable parent provide child support in the form of a lump sum payment to be credited against the amount payable under the liability under the relevant administrative assessment.

  (2)   An application under subsection   (1):

  (a)   may only be made if an administrative assessment is in force in relation to the child, the carer entitled to child support and the liable parent; and

  (b)   may be made by the carer entitled to child support or the liable parent.

  (3)   Before hearing the application, the court must hear and determine any pending application made to the court for an order under Division   3 (administrative assessments more than 18 months old) or Division   4 (departure orders) in relation to the child, the carer entitled to child support and the liable parent.

  (4)   Subject to section   145 (Registrar may intervene in proceedings), the parties to the application are the carer entitled to child support and the liable parent.