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CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 142 Cessation of orders under Act

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 142

Cessation of orders under Act

  (1)   Where an order made under this Act is in force in relation to a child and:

  (a)   a child support terminating event happens in relation to the child; or

  (b)   if there is a carer entitled to child support and a liable parent in relation to the child--a child support terminating event happens in relation to the carer entitled to child support, the liable parent or all 3 of them; or

  (c)   if there is not a carer entitled to child support and a liable parent in relation to the child, one of the following events happens:

  (i)   the person on whose application the order was made:

  (A)   dies; or

  (B)   ceases to be an eligible carer of the child;

  (ii)   the person against whom the order was made:

  (A)   dies; or

  (B)   ceases to be a resident of Australia;

the order ceases to be in force.

  (1A)   Sub - subparagraph   (1)(c)(ii)(B) does not apply in relation to an international maintenance arrangement.

  (1B)   Subsection   (1) ceases to apply if:

  (a)   a child support terminating event happens under subparagraph   12(4)(a)(i), in relation to a child and persons who are respectively a carer entitled to child support and a liable parent in relation to a child, because a person makes an election under section   151; and

  (b)   the liability to pay or provide child support is under a child support agreement whose provisions are covered by subsection   95(2) or (3); and

  (c)   the person who makes the election applies for an administrative assessment of child support under Part   4 before the liability to pay or provide child support under the agreement ends.

  (1C)   To avoid doubt, the order is taken to revive at the start of the day the person makes the application for administrative assessment of child support.

  (2)   Nothing in this section affects the recovery of arrears due under an order when the order ceases to be in force.