Court varied assessments (CVA) including lump sum orders (CS) 277-05010000

When scrutinising a court order consider:

• relevant dates, - start and end dates
• clauses - each numbered paragraph
• inclusion of instructions in court orders that we cannot give effect to, and
• jurisdiction of the court - effect of order

An order which discharges a previous order has effect from the date of the new order, unless otherwise specified. Take care when there are orders discharging parts of a number of previous orders.

For an order to be actioned, it must be in force. See Applications for a child support assessment. An order is in force where it has been validly made, and has not expired or ceased to be in force because of the happening of some event, such as the making of a later order.

Carefully scrutinise the clauses and ensure they are administrable and clarify any issues before actioning the court order. It may be necessary to advise the parties to the order of our policy relating to these clauses.

Some clauses cannot be administered but this will not prevent other clauses being implemented. For example, some property settlement orders may include provision for child support as well.

Is there a clause in relation to self-supporting children?

See the Child Support Guide 2.8.2: Implementing court orders that vary assessments.

Is there an unemployment clause?

See the Child Support Guide 2.8.2: Implementing court orders that vary assessments.

Inclusion of instructions in court orders that we cannot give effect to

See the Child Support Guide 2.8.2: Implementing court orders that vary assessments.

Effect will be given to an order for departure without investigating if the court had the jurisdiction to make the order. It will be assumed that by making the order the court considers it has the appropriate jurisdiction.