Commonwealth Numbered Acts

CHILD SUPPORT ACT 1988 No. 3 of 1988 - SECT 55

55. (1) Where judgment is given by, or entered in, a court for the payment of:
(a) the whole or a part of a principal amount; or

   (b)  an amount that includes the whole or a part of a principal amount;
        then:

   (c)  the principal amount or the part of the principal amount, as the case
        may be, shall not be taken, for the purposes of subparagraph 51 (b)
        (i), sub-subparagraph 51 (b) (ii) (B) or paragraph 52 (a), as the case
        may be, to have ceased to be due and payable merely because of the
        giving or entering of the judgment; and

   (d)  if the judgment debt carries interest, the amount that would, but for
        this paragraph, be payable under whichever of those provisions is
        applicable in relation to the principal amount or the part of the
        principal amount shall, by force of this paragraph, be reduced by:

        (i)    in a case to which paragraph (a) applies-the amount of the
               interest; or

        (ii)   in a case to which paragraph (b) applies-an amount that bears
               the same proportion to the amount of the interest as the
               principal amount, or the part of the principal amount, bears to
               the amount of the judgment debt.
(2) In subsection (1), "principal amount" means:

   (a)  an amount of the kind referred to in section 51 as the principal
        amount;

   (b)  an amount of the kind referred to in subparagraph 51 (b) (ii) as the
        relevant penalty amount; or

   (c)  an amount of the kind referred to in section 52 as the undeducted
        amount.