(1) Where an attachment of earnings order is in force, the court that made the order shall, on the application of the maintenance debtor’s employer, the maintenance debtor or the person to whom payments are being made under the order, determine whether payments or portions of payments being made to the maintenance debtor that are of a class or description specified in the application are earnings for the purpose of the order.

(2) Where an application is made by the employer under subsection (1), the employer is not liable for non-compliance with the order as respects any payments or portions of payments of the class or description specified by the application that he or she makes while the application, a determination in relation to it or an appeal from the determination is pending.

(3) Subsection (2) does not apply if the employer subsequently withdraws the application or abandons the appeal.