CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002) (4) Where a direction is to be made against the State or a fund, the notice referred to in subsection (3) shall be deemed to have been correctly given if it is served upon such person as may be prescribed: Provided that, if no such person is prescribed in relation to the State, the notice shall be deemed to have been correctly given if it is served upon the Secretary of the Ministry by which the earnings are payable or are likely to become payable. (5) In making a contribution order the children's court shall have regard to— (a) the means of the respondent and the child, young person or pupil concerned; (b) the general standard of living of the respondent and of the child, young person or pupil concerned; (c) any previous order made by any court for the maintenance of the child, young person or pupil concerned. (6) Where there is in existence an order of the High Court for the maintenance of a child, young person or pupil a children's court may, in making a contribution order in respect of that child, young person or pupil, further order that the order of the High Court shall be suspended during the period of operation of the contribution order. 50 Provisional contribution order (1) A provisional contribution order may, on application by a children's court assistant, be made against a respondent residing in any state to which the Maintenance Orders (Facilities for Enforcement) Act [Chapter 5:10] have been extended, by a children's court towards the maintenance of any child, young person or pupil referred to in paragraph (a), (b) or (c) of subsection (1) of section forty-nine. (2) In making a provisional contribution order a children's court shall have regard to the matters specified in subsection (5) of section forty-nine. (3) A provisional contribution order shall have the effect of a provisional maintenance order referred to in section 5 of the Maintenance Orders (Facilities for Enforcement) Act [Chapter 5:10] and that Act shall apply, mutatis mutandis, in relation to such provisional contribution order. 51 Effect of direction to make payments and of contribution order (1) Subject to subsection (1) of section 7 of the Maintenance Act [Chapter 5:09], a direction made in terms of subsection (2) of section forty-nine shall have precedence over any other order of court requiring payments to be made from the earnings due to the respondent by the employer concerned. (2) Where a direction in terms of subsection (2) of section forty-nine has been made, no part of the earnings due to the respondent by the employer concerned shall be applied to the settlement of any debt, including set-off, or in accordance with any agreement, arrangement or instruction of any kind whatsoever until all payments due in terms of the direction have been made: Provided that nothing in this subsection contained shall be construed as relieving an employer from the obligation to withhold and make payments of employees’ tax in accordance with section 73 of the Income Tax Act [Chapter 23:06]. (3) Where a respondent ceases to be entitled to receive any earnings from an employer against whom a direction in terms of subsection (2) of section forty-nine has been made— (a) that direction shall cease to have effect as regards that employer; and (b) the respondent shall make payments which were the subject of the direction and which are due to a child, young person or pupil, as the case may be. (4) A direction made in terms of subsection (2) of section forty-nine and a contribution order shall have the effect of a garnishee order and a civil judgment, respectively, of the magistrates court in favour of the clerk of the children's court and the Magistrates Court Act [Chapter 7:10] and of the rules made thereunder shall apply, mutatis mutandis, to any proceedings for the enforcement of the direction or order. (5) A contribution order, other than one made against a father for the maintenance of an illegitimate child, shall have the effect of a maintenance order referred to in section 4 of the Maintenance Orders 29