[amended by Act 22 of 2001, with effect from the 10th September, 2002.] PART VI CONTRIBUTION ORDERS 49 Making of contribution order (1) Subject to this Part, a children’s court may make a contribution order against a respondent towards the maintenance of— (a) a child or young person who is the subject of an inquiry in terms of section nineteen; or (b) a child or young person in respect of whom an order has been made in terms of section twenty; or (c) any pupil. (2) The children’s court may direct that the whole or portion of the payments due in terms of a contribution order shall be made by an employer of the respondent from earnings due to the respondent by that employer. (3) No contribution order and no direction in terms of subsection (2) shall be made unless— (a) notice of the proposal to make any such order or direction has been given to the respondent and, where applicable, the employer of the respondent concerned; and (b) the respondent and, where applicable, the employer of the respondent have been given an opportunity to appear before and to be heard by the court in relation to the proposal to make the order or the direction, as the case may be. (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