Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018 (36 of 2018)

Schedule 1   Child support amendments

Part 4   Overpayments

Division 1   Amendments

Child Support (Assessment) Act 1989

78   Subsection 143(1)

Repeal the subsection, substitute:

(1) An amount may be recovered from a person (the payee ) in a court having jurisdiction under this Act if:

(a) both of the following apply in relation to the amount:

(i) the amount was an amount of child support paid by another person (the payer ) to the payee;

(ii) the payer is not liable, or subsequently becomes not liable, to pay the amount to the payee, except because the payer ceases to be a resident of Australia or a reciprocating jurisdiction; or

(b) both of the following apply in relation to the amount:

(i) the amount was paid by another person (the payer ) under a registered maintenance liability to the payee;

(ii) the payee was not entitled to be paid the amountbecause of a decision that the registered maintenance liability should never have existed.