Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p23
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 55596–58109

to make provision for the maintenance of a child or children;
the court shall:
     (c) express the order to be an order to which this section applies; and
     (d) specify:
          (i) the child or children for whose maintenance provision is made by the payment, transfer or settlement; and
          (ii) the portion of the payment, or the value of the portion of the property, attributable to the provision of maintenance for the child or each child, as the case may be.
"(2) Where:
     (a) a court makes an order of a kind referred to in paragraph (1) (a); and
     (b) the order:
          (i) is not expressed to be an order to which this section applies; or
          (ii) is expressed to be an order to which this section applies, but does not comply with paragraph (1) (d);
any payment, transfer or settlement of a kind referred to in paragraph (1) (a), that the order has the effect of requiring, shall be taken not to make provision for the maintenance of a child.

Cessation of orders
"66m. (1) An order for the maintenance of a child ceases to be in force on the death of the child.
"(2) An order for the maintenance of a child ceases to be in force on the death of the person liable to make payments under the order.
"(3) Subsection (2) does not apply in relation 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) An order for the maintenance of a child ceases to be in force on the adoption or marriage of the child.
"(5) Where a child for whose maintenance an order has been made under this Act dies, is adopted or marries, the person entitled to receive payments under the order shall, without delay, inform the person liable to make payments under the order.

"(6) Any amounts paid in relation to a period after the death, adoption or marriage, as the case may be, may be recovered in a court having jurisdiction under this Part.
"(7) Nothing in this section affects the recovery of arrears due under an order when the order ceased to be in force.
"(8) This section applies in relation to orders made under this Act (whether before or after the commencement of this section).

Modification of maintenance orders
"66n. (1)