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FAMILY LAW ACT 1975 - SECT 66K

Matters to be taken into account in determining contribution that should be made by party etc.

             (1)  In determining the financial contribution, or respective financial contributions, towards the financial support necessary for the maintenance of a child that should be made by a party, or by parties, to the proceedings, the court must take into account these (and no other) matters:

                     (a)  the matters mentioned in sections 66B, 66C and 66D; and

                     (b)  the income, earning capacity, property and financial resources of the party or each of those parties (this is expanded on in subsection (2)); and

                     (c)  the commitments of the party, or each of those parties, that are necessary to enable the party to support:

                              (i)  himself or herself; or

                             (ii)  any other child or another person that the person has a duty to maintain; and

                     (d)  the direct and indirect costs incurred by the parent or other person with whom the child lives in providing care for the child (this is expanded on in subsection (3)); and

                     (e)  any special circumstances which, if not taken into account in the particular case, would result in injustice or undue hardship to any person.

             (2)  In taking into account the income, earning capacity, property and financial resources of a party to the proceedings, the court must have regard to the capacity of the party to earn and derive income, including any assets of, under the control of or held for the benefit of the party that do not produce, but are capable of producing, income.

             (3)  In taking into account the direct and indirect costs incurred by the parent or other person with whom the child lives in providing care for the child, the court must have regard to the income and earning capacity forgone by the parent or other person in providing that care.

             (4)  In determining the financial contribution, or respective financial contributions, that should be made by a party, or by parties, to the proceedings, the court must disregard:

                     (a)  any entitlement of the child, or the person with whom the child lives, to an income tested pension, allowance or benefit; and

                     (b)  the income, earning capacity, property and financial resources of any person who does not have a duty to maintain the child, or has such a duty but is not a party to the proceedings, unless, in the special circumstances of the case, the court considers it appropriate to have regard to them.

             (5)  In determining the financial contribution, or respective financial contributions, that should be made by a party, or by parties, to the proceedings, the court must consider the capacity of the party, or each of those parties, to provide maintenance by way of periodic payments before considering the capacity of the party, or each of those parties, to provide maintenance:

                     (a)  by way of lump sum payment; or

                     (b)  by way of transfer or settlement of property; or

                     (c)  in any other way.

             (6)  Subsections (2) to (5) do not limit, by implication, the matters to which the court may have regard in taking into account the matters referred to in subsection (1).



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