Family Act Article 90

This English translation was last updated on 2012-01-11, but the Chinese text was amended on 2023-06-21. Later amendments may not be reflected in the translation — please refer to the Chinese text.

Where there is one of the circumstances provided in Article 89, the court may, upon motion by the parties or on its own initiative, within the extent to which the ruling that orders an injunction is automatically inoperative, order the return of the prestations received or other appropriate handling. The foregoing provision does not apply to the payment for living expenses of the household or for expenses of maintenance within the limit that is necessary.Prior to making a ruling in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to the interested parties.Provisions in Paragraphs 2 and 3 of Article 87 and in Article 91 of this Act shall apply, mutatis mutandis, with regard to the court’s ruling in accordance with Paragraph 1 of this Article.Res judicata exists as to a claim covered by a final and binding ruling done in accordance with Paragraph 1 of this Article.
中文原文 家事事件法第90條
暫時處分之裁定有前條所定情形之一者,法院得依聲請或依職權,在失效範圍內,命返還所受領給付或為其他適當之處置。
但命給付家庭生活費用或扶養費未逾必要範圍者,不在此限。
法院為前項裁定前,應使關係人有辯論之機會。
第一項裁定,準用第八十七條第二項、第三項及第九十一條之規定。
第一項裁定確定者,有既判力。

English translation for reference only; the Chinese text prevails. Not legal advice.