Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p25
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 60197–62824

12 months have elapsed since the order was made or last varied having regard to a change in the cost of living.
"(5) In satisfying itself for the purposes of paragraph (2) (c), the court shall have regard to any payments, and any transfer or settlement of property, previously made to the child, or to any other person for the benefit of the child, by the person against whom the order was made.
"(6) An order decreasing a periodic amount payable under an order, or discharging an order, may be expressed to be retrospective to such day as the court considers appropriate.
"(7) Where an order (in this subsection called the 'subsequent order') decreasing a periodic amount payable under an order (in this subsection called the 'earlier order') is expressed to be retrospective, amounts paid under the earlier order that are not payable under the earlier order as varied by the subsequent order may be recovered in a court having jurisdiction under this Part.
"(8) Where an order discharging an order is expressed to be retrospective to a specified day, amounts paid under the second-mentioned order since the specified day may be recovered in a court having jurisdiction under this Part.
"(9) For the purposes of this section, the court shall have regard to the provisions of section 60d, sections 66a to 66e (inclusive) and section 66g (if applicable).
"(10) The discharge of an order does not affect the recovery of arrears due under the order when the discharge takes effect.
"(11) This section applies in relation to orders whether or not they were made under this Act and whether they were made before or after the commencement of this section.

"Division 7—Presumptions of parentage

Presumptions of parentage arising from marriage
"66p. (1) A child born to a woman during a marriage to which the woman is a party shall be presumed to be a child of the marriage.
"(2) A child born to a woman within 10 months after:
     (a) a marriage to which the woman is a party is terminated by death; or
     (b) a purported marriage to which the woman is a party is annulled;
shall be presumed to be a child of the marriage.

"(3) Where:
     (a) after the parties to a marriage separated, they resumed cohabitation on one occasion;
     (b) within a period of 3 months after the resumption of cohabitation, they again separated and thereafter lived separately and apart; and
     (c) a child is born to the woman within 10 months after the period of cohabitation but after the dissolution of the marriage;
the child shall be presumed to be a child of the marriage.

Presumption of paternity arising from cohabitation
"66q. A child