Commonwealth Consolidated Acts

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Varying the maintenance of certain children

  (1)   This section applies to persons who:

  (a)   are parties to an agreement (the original agreement ) dealing with the maintenance of a child; or

  (b)   are entitled to receive, or required to pay, maintenance in respect of a child under a court order;

and cannot properly make an application under the Child Support (Assessment) Act 1989 for the other person to be assessed in respect of the costs of the child.

  (2)   The persons may, by registering a written agreement in a court having jurisdiction under this Part, vary or revoke the original agreement or order to the extent that it deals with maintenance of the child.

  (3)   However, the registered agreement is of no effect to the extent that it allows any entitlement of a child or another person to an income tested pension, allowance or benefit to affect the duty of that child's parents to maintain the child.

Note:   For the duty of a parent to maintain a child, see section   66C.

  (4)   If the original agreement or order is varied under subsection   (2), it:

  (a)   continues to operate despite the death of a party to the agreement or of a person entitled to receive, or required to pay, maintenance under the order; and

  (b)   operates in favour of, and is binding on, the legal representative of that party or person;

unless the agreement or order provides otherwise.

  (5)   However, despite anything in the agreement or order, it does not continue to operate, to the extent that it requires the periodic payment of maintenance, after the death of the person entitled to receive those payments.

  (6)   This section applies despite anything in Division   4.

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