Not exact matches
The
child maintenance system has been criticised generally for the strain that
maintenance orders put on
relations between former partners and the number of loopholes that existed - particularly in
relation to proving paternity.
They stated a case for consideration of the High Court in
relation to s 33 «where the only issue in dispute is whether payments of
child support maintenance in question have not been paid, are the magistrates obliged to make [the] order if they are satisfied that payment was made but by a method other than that notified by the Child Support Agency&ra
child support
maintenance in question have not been paid, are the magistrates obliged
to make [the] order if they are satisfied that payment was made but by a method other than that notified by the
Child Support Agency&ra
Child Support Agency»?
FPR 2010, 2.3 (1)(on the interpretation of the FPR 2010) will be amended
to insert: ««the 2007 Hague Convention» means the Convention on the International Recovery of
Child Support and other forms of Family
Maintenance done at The Hague on 23 November 2007» and after the definition of «application notice»: ««Article 11 form» means a form published by the Permanent Bureau of the Hague Conference under Article 11 (4) of the 2007 Hague Convention for use in
relation to an application under Article 10 of that Convention, and includes a Financial Circumstances Form as defined in rule 9.3 (1) which accompanies such an application.»
childbirth
maintenance period, in
relation to the birth of a
child, means the period that begins on the day mentioned in paragraph (a) or (b) and ends 3 months after the
child's birth:
child maintenance provisions, in
relation to a parenting plan, has the meaning given by subsection 63C (5).
made in favour, in
relation to a parenting order (other than a
child maintenance order), has the meaning given by subsection 64B (6).
(a) if an international
maintenance arrangement applies in respect of a
child — a circumstance set out in paragraph (1)(f) is not a
child support terminating event in
relation to the
child; and
(b) may have regard,
to the extent
to which the court considers appropriate in the circumstances of the case,
to any relevant findings of published research in
relation to the
maintenance of
children.
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.
(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.
(1) A
child maintenance order in
relation to a
child stops being in force if the
child is adopted, marries or enters into a de facto relationship.
The court may also make orders in
relation to custody and access
to children, the payment of
maintenance and lump sums, the transfer of property, the extinguishment of succession rights, etc..
(i) the
maintenance of
children and the payment of expenses in
relation to children or
child bearing;
(b) a person (being someone who could apply for a
child maintenance order in
relation to the
child) or persons (each of whom could do that) apply
to the court for an order under this section in
relation to the first order.
(2) A
child maintenance order in
relation to a
child who is under the guardianship, or in the care (however described), of a person under a
child welfare law may only be applied for by:
(a) a court makes an order under this Act (whether or not the order is made in proceedings in
relation to the
maintenance of a
child, is made by consent or varies an earlier order) that has the effect of requiring:
(2) The making of an order of a kind referred
to in paragraph (1)(c), or of any other order under this Division, in
relation to the
maintenance of a
child does not prevent a court from making a subsequent order in
relation to the
maintenance of the
child.
``; or (d) the jurisdiction of a court under a
child welfare law
to make an order in
relation to the
maintenance of the
child; or
overseas
maintenance agreement means a
maintenance agreement that has force and effect in a prescribed overseas jurisdiction by reason of the registration of the agreement, or the taking of any other action in
relation to the agreement, under the law of that jurisdiction and includes an agreement with respect
to the
maintenance of an ex ‑ nuptial
child that would be covered by the foregoing provisions of this definition if the
child were a
child of the marriage of the parties
to the agreement.
(3) Any amounts paid under a
child maintenance order in
relation to a period after the
child dies, is adopted, marries or enters into a de facto relationship may be recovered in a court having jurisdiction under this Part.
Its purpose is
to aid couples who have decided
to separate
to resolve any disputes they may have in
relation to the key issues such as custody and access
to children,
maintenance and property rights.
When it grants the decree of divorce, the court may also make orders in
relation to custody of
children and access
to them, the payment of
maintenance and lump sums, the transfer of property, the extinguishment of succession rights, pension rights and other matters.
(a) the
maintenance of the mother for the childbirth
maintenance period in
relation to the birth of the
child; and
(2) Section 66S applies in
relation to the variation of a
maintenance agreement registered under subsection (1), in so far as the agreement makes provision for the
maintenance of a
child of the relevant marriage, as if the agreement were an order made by consent under Part VII by the court in which the agreement is registered.
(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.
(1) A court having jurisdiction under this Part must not, at any time, make, revive or vary a
child maintenance order in relation to a child on the application of a person (the applicant) against, or in favour of, a person (the respondent) if an application could properly be made, at that time, by the applicant under the Child Support (Assessment) Act 1989 for the respondent to be assessed in respect of the costs of the child, or vice v
child maintenance order in
relation to a
child on the application of a person (the applicant) against, or in favour of, a person (the respondent) if an application could properly be made, at that time, by the applicant under the Child Support (Assessment) Act 1989 for the respondent to be assessed in respect of the costs of the child, or vice v
child on the application of a person (the applicant) against, or in favour of, a person (the respondent) if an application could properly be made, at that time, by the applicant under the
Child Support (Assessment) Act 1989 for the respondent to be assessed in respect of the costs of the child, or vice v
Child Support (Assessment) Act 1989 for the respondent
to be assessed in respect of the costs of the
child, or vice v
child, or vice versa.
(4C) The approval, whether before or after the commencement of this subsection, of a
maintenance agreement under this section does not exclude or limit the power of a court having jurisdiction under Part VII
to make any order under that Part in
relation to a
child of the relevant marriage and, where the agreement makes provision for the
maintenance of a
child of the marriage, section 66S applies in
relation to the variation of the agreement, in so far as it makes that provision, as if the agreement were an order made by consent under that Part by a court in which the agreement is registered or deemed
to be registered.
(1) Unless subsection (2) applies, a
child maintenance order in
relation to a
child may be applied for by:
In comparison
to families of
children with learning disabilities and control groups, they perceived their family
relations as less conducive
to the open expression of emotions, with lower levels of mutual support, and reported their families as more organized and with higher system
maintenance orientation [33].