QLDIn ForceAct
Maintenance Act 1965
sec.57Determination as to what payments are earnings
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### sec.57 Determination as to what payments are earnings
The court by which an attachment of earnings order has been made shall, on the application of the person to whom the order is directed, determine whether payments to the defendant of a particular class or description specified in the application are earnings for the purposes of that order.
A person to whom an attachment of earnings order is directed who makes an application under subsection (1) does not incur any liability for failing to comply with the order with respect to any payments of the class or description specified in the application that are made by the person to the defendant while the application or any appeal from a determination made on the application is pending.
Subsection (2) does not apply in respect of any payment made after the application has been withdrawn or any appeal from a determination made on the application has been abandoned.
(sec.57-ssec.1) The court by which an attachment of earnings order has been made shall, on the application of the person to whom the order is directed, determine whether payments to the defendant of a particular class or description specified in the application are earnings for the purposes of that order.
(sec.57-ssec.2) A person to whom an attachment of earnings order is directed who makes an application under subsection (1) does not incur any liability for failing to comply with the order with respect to any payments of the class or description specified in the application that are made by the person to the defendant while the application or any appeal from a determination made on the application is pending.
(sec.57-ssec.3) Subsection (2) does not apply in respect of any payment made after the application has been withdrawn or any appeal from a determination made on the application has been abandoned.