Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p18
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 43490–46244

to this Division, the primary duty to maintain the child.
"(2) Without limiting the generality of subsection (1), the duty of a parent to maintain a child:
     (a) is not of lower priority than the duty of the parent to maintain any other child or another person;
     (b) has priority over all commitments of the parent other than commitments necessary to enable the parent to support:
          (i) himself or herself; and
          (ii) any other child or another person that the parent has a duty to maintain; and
     (c) is not affected by:
          (i) the duty of any other person to maintain the child; or
          (ii) any entitlement of the child or another person to an income tested pension, allowance or benefit.

Approach to be adopted in child maintenance proceedings
"66c. In proceedings in relation to the maintenance of a child, the court shall:
     (a) consider the financial support necessary for the maintenance of the child; and
     (b) determine the financial contribution, or respective financial contributions, towards the financial support necessary for the maintenance of the child, that should be made by a party, or by parties, to the proceedings.

Matters to be taken into account in considering financial support necessary for maintenance of child
"66d. (1) In considering the financial support necessary for the maintenance of a child, the court shall take into account, in addition to the matters referred to in sections 60d and 66a, the following matters only:
     (a) the proper needs of the child;
     (b) the income, earning capacity, property and financial resources of the child.
"(2) In taking into account the proper needs of the child, the court shall have regard to:
     (a) the age of the child;
     (b) the manner in which the child is being, and in which the parents expected the child to be, educated or trained; and
     (c) any special needs of the child;
and may also have regard, to the extent to which it considers it appropriate in the circumstances of the case, to any relevant findings of published research in relation to the maintenance of children.

"(3) In taking into account the income, earning capacity, property and financial resources of the child, the court shall:
     (a) have regard to the capacity of the child to earn or derive income, including any assets of, under the control of or held for the benefit of the child that do not produce, but are capable of producing, income; and
     (b) disregard:
          (i) the income, earning capacity, property and financial resources of any other person unless, in the special circumstances of the case, the court considers it appropriate to have regard to them; or
          (ii) any entitlement of the child or any other person