Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p20
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 48456–51135

who has the custody of the child, to an income tested pension, allowance or benefit; and
     (b) the income, earning capacity, property and financial resources of any person who does not have a duty to maintain the child, or has such a duty but is not a party to the proceedings, unless, in the special circumstances of the case, the court considers it appropriate to have regard to them.
"(5) In determining the financial contribution, or respective financial contributions, that should be made by a party, or by parties, to the proceedings, the court shall consider the capacity of the party, or each of those parties, to provide maintenance by way of periodic payments before considering the capacity of the party, or each of those parties, to provide maintenance:
     (a) by way of lump sum payment;
     (b) by way of transfer or settlement of property; or
     (c) in any other way.
"(6) Subsections (2) to (5) (inclusive) shall not be taken to limit by implication the matters to which the court may have regard in taking into account matters referred to in sub-section (1).

Powers of court in child maintenance proceedings
"66f. In proceedings in relation to the maintenance of a child, the court may, subject to this Division, make such order in relation to the maintenance of the child as is proper.

Step-parents to assist in maintenance of step-children in certain circumstances etc.
"66g. (1) The step-parent of a child has, subject to this Division, the duty of maintaining the child only if:
     (a) the step-parent:
          (i) is a guardian of the child; or
          (ii) has custody of the child under an order of a court (whether or not made under this Act and whether made before or after the commencement of this section); or
     (b) a court having jurisdiction under this Part, by order, determines that it is proper for the step-parent to have that duty.
"(2) In determining whether it is proper for a step-parent to have the duty of maintaining a step-child, the court shall take into account, in addition to the matters referred to in sections 60a, 66a and 66b, the following matters only:
     (a) the length and circumstances of the marriage to the relevant parent of the child;

     (b) the relationship that has existed between the step-parent and the child;
     (c) the arrangements that have existed for the maintenance of the child;
     (d) any special circumstances which, if not taken into account in the particular case, would result in injustice or undue hardship to any person.
"(3) Any duty of a step-parent to maintain a step-child:
     (a) is a secondary duty subject to the primary duty of the parents of the child to maintain