Western Australian Current Acts Western Australian Current Acts (1) This section
applies if a registered parenting plan contains child maintenance provisions.
(2) The child
maintenance provisions have effect, subject to subsections (3), (4) and (5),
as if they were a child maintenance order made by a court.
(3) Unless the plan
provides otherwise, the child maintenance provisions (other than provisions
for the periodic payment of maintenance) continue to operate despite the death
of a party to the plan and operate in favour of, and are binding on, the legal
personal representative of that party.
(4) If the child
maintenance provisions include provisions (the periodic provisions ) for the
periodic payment of maintenance —
(a) the
periodic provisions continue to operate, if the plan so provides, despite the
death of a party to the plan who is liable to make the periodic payments, and
are binding on the legal personal representative of that party; but
(b) the
periodic provisions do not continue to operate, despite anything in the plan,
after the death of the person entitled to receive the periodic payments.
(5) The child
maintenance provisions have no effect, and are not enforceable in any way, at
any time when an application could properly be made under the
Child Support (Assessment) Act by one of the parties to the plan for
administrative assessment of child support (within the meaning of that Act)
for the child concerned seeking payment of child support by the other party to
the plan.
(6) Subsection (5) has
effect whether or not an application for administrative assessment of child
support for the child has in fact been made by a party to the plan.
[Section 81 amended: No. 35 of 2006 s. 12.]