Under section 66S of the Family Law Act 1975 (Cth) the court may modify maintenance orders only with the consent of all parties involved.
In modifying the orders, the court may:
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discharge the original orders
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suspend the operation of orders
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revive a suspended order
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vary the order (increase or decrease the amount).
The court must not make orders altering any income earned or any benefits given to the child by the government.
In order to vary the maintenance orders, the court must be satisfied that the circumstances of the child have changed (so as to justify the variation), or that the circumstances of the person liable to make payment has changed.
When modifying orders with regards to the cost of living, 12 months must have passed after the order was made or last amended, before further amendments are able to be made.
How can Prime Lawyers help you?
If the circumstance arises where you require your child maintenance orders to be modified, the family lawyers at Prime Lawyers are able to assist you in this process, ensuring that the modifications are fair and are in the best interests of the child.