There a certain circumstances where existing child maintenance orders cease to exist. These are outlined in Part VII, Division 7, Subdivision F of the Family Law Act 1975 (Cth) and include:
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when the child turns 18 (unless the child is disabled)
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upon the death of the child
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upon the death of the person liable to pay for maintenance
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upon the death of the person liable to receive the payments
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if the child is married, adopted or enters into a de-facto relationship.
An exception applies to the circumstance where the person liable to receive the payments has passed away. It may be specified that the order is to be in force after the death of the person entitled to receive payments. In such a case, payments must continue. Furthermore, the orders must specify who is to receive the payments upon the death of the person originally liable to receive the payments.
If there are any changes to the situation of the child which result in the cessation of the maintenance order, according to section 66VA of the Family Law Act 1975 (Cth), the parties concerned must inform the person making the payments as soon as possible. Any amounts paid after the change in circumstances may be recovered.
How can Prime Lawyers help you?
If you are unsure whether your child remains eligible to receive maintenance payments due to a change in circumstances or if you believe that, as the payer of maintenance, you have not been informed of any such changes, our family lawyers can assist you. Our family lawyers will talk you through the requirements for maintenance and assess the circumstances to ensure that maintenance is correctly paid, according to the requirements set out in the Family Law Act 1975 (NSW).