Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p36
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 36/86)
Character Range: 144233–146808

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; or

(b) by way of transfer or settlement of property; or

(c) in any other way.

"(6) Subsections (2) to (5) do not limit, by implication, the matters to which the court may have regard in taking into account the matters referred to in subsection (1).

Children who are 18 or over

"66L.(1) A court must not make a child maintenance order in relation to a child who is 18 or over unless the court is satisfied that the provision of the maintenance is necessary:

(a) to enable the child to complete his or her education; or

(b) because of a mental or physical disability of the child.

"(2) A court must not make a child maintenance order in relation to a child that extends beyond the day on which the child will turn 18 unless the court is satisfied that the provision of the maintenance beyond that day is necessary:

(a) to enable the child to complete his or her education; or

(b) because of a mental or physical disability of the child.

"(3) A child maintenance order in relation to a child stops being in force when the child turns 18 unless the order is expressed to continue in force after then.

When step-parents have a duty to maintain

"66M.(1) Section 66D deals with when a step-parent of a child has a duty of maintaining the child. One of the circumstances in which the step-parent has that duty is if there is an order in force under this section.

"(2) A court having jurisdiction under this Part may, by order, determine that it is proper for a step-parent to have a duty of maintaining a step-child.

"(3) In making an order under subsection (2), the court must have regard to these (and no other) matters:

(a) the matters referred to in sections 60F, 66B and 66C; and

(b) the length and circumstances of the marriage to the relevant parent of the child; and

    (c) the relationship that has existed between the step-parent and the child; and

    (d) the arrangements that have existed for the maintenance of the child; and

    (e) any special circumstances which, if not taken into account in the particular case, would result in injustice or undue hardship to any person.

Determining financial contribution of step-parent

"66N. In determining the financial contribution towards the financial support necessary for the maintenance of the child that should be made by a party to the proceedings who is a step-parent of the child, the court must take