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Orders for repayment of overpaid child support assessments

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Section 143 of the Child Support (Assessment) Act 1989 (the Assessment Act)gives a court discretion to make an order for recovery of an overpayment of a child support assessment. The court may make such orders as it considers just and equitable to give effect to, or to adjust, the rights of the payer and payee concerned.

Section 143 is not limited to particular types of overpayment. A payer can apply for an order under section 143 to recover any overpayment of child support arising under the Assessment Act. However, this creates a registrable maintenance liability only if the overpayment is a parentage overpayment and the court orders the former payee to repay an amount to the former payer (section 17A of the Child Support (Registration and Collection) Act 1988). The payer in whose favour the order is made (the former payer, is now the payee of the parentage overpayment order) can register the order with CSA for collection. However, this does not extend to costs orders in respect of section 143 proceedings which are not able to be registered with CSA for collection (section 17A(2) of the Child Support (Registration and Collection) Act 1988).know more about child support matters.

Orders for repayment of overpaid child support assessments

Section 143 of the Child Support (Assessment) Act 1989 (the Assessment Act)gives a court discretion to make an order for recovery of an overpayment of a child support assessment. The court may make such orders as it considers just and equitable to give effect to, or to adjust, the rights of the payer and payee concerned.

Section 143 is not limited to particular types of overpayment. A payer can apply for an order under section 143 to recover any overpayment of child support arising under the Assessment Act. However, this creates a registrable maintenance liability only if the overpayment is a parentage overpayment and the court orders the former payee to repay an amount to the former payer (section 17A of the Child Support (Registration and Collection) Act 1988). The payer in whose favour the order is made (the former payer, is now the payee of the parentage overpayment order) can register the order with CSA for collection. However, this does not extend to costs orders in respect of section 143 proceedings which are not able to be registered with CSA for collection (section 17A(2) of the Child Support (Registration and Collection) Act 1988).

 
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