3.4.2 New Order or Court Registered Agreement That Affects a Liability

Context

The Registrar must vary the Register when a copy of a new court order or court registered agreement that affects a liability is received.

Act references

CSRC Act section 37

Description

The Registrar must vary the Register to give effect to the terms of a new order or court registered agreement that affects a registered maintenance liability. The liability will be varied from the date required by the order or agreement. The date that the Registrar received the order is not relevant.

The actual wording of the order is of critical importance. The Registrar will take care to understand how the new order affects the original liability. Where the original liability was based on a court order or court registered agreement, the requirements of the original order or agreement need to be properly understood to correctly apply the variation required by the new order (3.5).

Example: The Registrar registered a court ordered liability in 1999. The payee provides a new order on 12 April 2012, which was made in the Family Court on 22 January 2012. The order states that the previous order is varied so that the payer is to pay $75 per week for each of the children named in the order from 1 January 2012. The Registrar varies the Register to show that the liability is $75 per child per week from 1 January 2012.

Frequently asked questions

The payee of an existing liability provides a new order to the Registrar 3 months after it is made. Is the liability varied from the date of receipt?

No. Once the Registrar has registered a liability, the Register must be varied to give effect to any court orders that affect the liability. The variation must be made according to the terms of the order. The date the Registrar received the order is irrelevant.

Last reviewed: 1 July 2016