Part 6 Objections
95Obligation to pay financial support where objection made
The obligation to pay, and the right of the Commissioner to receive and recover, any child support or domestic maintenance shall not be suspended by the making of any objection under this Part.
Subsection (1) does not apply in relation to a person if—
- the person has made an appeal under section 102 in relation to a child; and
- a ground of the appeal is that the person was not a parent of the child; and
- there is not a final decision of a court determining that ground of the appeal.
Where an objection has been made under this Part but the objection has not been finally determined, the objector may apply to the Family Court for an order under section 117 that the liability imposed on the objector under this Act be suspended in whole or in part, pending the final determination of the objection, and the court may make such order (if any) as it thinks appropriate.
If, on the final determination of the objection, the court finds that the objector is liable to pay child support or domestic maintenance, that finding shall apply retrospectively to any period during which the liability was suspended, in whole or in part, under this section, unless the court for special reasons orders otherwise.
Notes
- Section 95 heading: amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
- Section 95(1): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
- Section 95(2)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
- Section 95(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 95(4): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).