Document ID: chunk:federal_register_of_legislation:C2010C00233:clause:4_37
Version: federal_register_of_legislation:C2010C00233
Segment Type: clause
Provision Reference: sch 4 cl 37
Character Range: 180525–181538

37  Subsections 143(1), (2) and (3)
Repeal the subsections, substitute:

 (1) If:
 (a) an amount of child support is paid by a person (the payer) to another person (the payee); and
 (b) the payer is not liable, or subsequently becomes not liable, to pay the amount to the payee;
the amount may be recovered from the payee in a court having jurisdiction under this Act.

 (2) If:
 (a) an amount is paid by a person (the payer) to another person (the payee) 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 payer to the payee for the child in relation to the period;
the amount may be recovered from the payee in a court having jurisdiction under this Act.

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