Document ID: chunk:federal_register_of_legislation:C2024C00859:section:66s:p1
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 66S (pt 1/3)
Character Range: 307837–310285

66S  Modification of child maintenance orders
 (1) This section applies if:
 (a) there is in force an order (the first order), for the maintenance of a child (whether or not made under this Act and whether made before or after the commencement of this section):
 (i) made by a court; or
 (ii) registered in a court; and
 (b) a person (being someone who could apply for a child maintenance order in relation to the child) or persons (each of whom could do that) apply to the court for an order under this section in relation to the first order.
 (1A) With the consent of all the parties to the first order, the court may, subject to section 111AA, make an order:
 (a) discharging the first order; or
 (b) suspending its operation wholly or in part and either until further order or until a fixed time or the happening of a future event; or
 (c) if the operation of the order has been suspended under paragraph (b) or (2)(b)—reviving its operation wholly or in part; or
 (d) varying the order:
 (i) so as to increase or decrease any amount ordered to be paid by the order; or
 (ii) in any other way.
 (1B) However, the court must not make an order under subsection (1A) that allows any entitlement of a child or another person to an income tested pension, allowance or benefit, to affect the duty of that child's parents to maintain the child.
Note: For the duty of a parent to maintain a child, see section 66C.
 (2) In any other case, the court may, by order:
 (a) discharge the first order if there is just cause for so doing; or
 (b) suspend its operation wholly or in part and either until further order or until a fixed time or the happening of a future event; or
 (c) if the operation of the order has been suspended under paragraph (b) or (1A)(b), revive its operation wholly or in part; or
 (d) subject to subsection (3), vary the order:
 (i) so as to increase or decrease any amount ordered to be paid by the order; or
 (ii) in any other way.
 (3) The court must not vary the order so as to increase or decrease any amount ordered to be paid by the order unless it is satisfied:
 (a) that, since the order was made or last varied:
 (i) the circumstances of the child have changed so as to justify the variation; or
 (ii) the circumstances of the person liable to make payments under the order have changed so as to justify the variation; or
 (iii) the circumstances of the person entitled to receive payments under the order have changed so