Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p40
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 40/86)
Character Range: 153577–156138

for the purposes of paragraph (3)(c), the court must 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.

"(7) An order decreasing a periodic amount payable under the order, or discharging the order, may be expressed to be retrospective to such day as the court considers appropriate.

"(8) If an order (the 'subsequent order') decreasing a periodic amount payable under the first order is expressed to be retrospective, amounts paid under the first order that are not payable under the first order as varied by the subsequent order may be recovered in a court having jurisdiction under this Part.

"(9) If an order discharging the first order is expressed to be retrospective to a specified day, amounts paid under the first order since the specified day may be recovered in a court having jurisdiction under this Part.

"(10) For the purposes of this section, the court must have regard to the provisions of Subdivisions B, C and D (to the extent applicable).

"(11) The discharge of the first order does not affect the recovery of arrears due under the order when the discharge takes effect.

"Subdivision F—When child maintenance orders stop being in force

Effect of child turning 18

"66T. As stated in subsection 66L(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.

Effect of death of child, person liable to pay or person entitled to receive

"66U.(1) A child maintenance order in relation to a child stops being in force on the death of the child.

"(2) A child maintenance order in relation to a child stops being in force on the death of the person liable to make payments under the order.

"(3) Subsection (2) does not apply to an order made before the commencement of section 38 of the Family Law Amendment Act 1983 if the order was expressed to continue in force throughout the life of the person for whose benefit the order was made or for a period that had not expired at the death of the person liable to make payments under the order and, in that case, the order is binding on the legal personal representative of the deceased person.

"(4) A child maintenance order in relation to a child stops being in force on the death of the person entitled to receive payments under the order.

"(5) Subsection (4) does not apply to an order if:

   (a) the order is expressed to continue