Commonwealth Numbered Acts

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FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 83

Modification of maintenance orders.
83. (1) In proceedings with respect to the maintenance of a party to a
marriage or of a child of a marriage, if there is in force an order (whether
made before or after the commencement of this Act) with respect to the
maintenance of that party or child by the other party to the marriage-

   (a)  made by the court; or

   (b)  made by another court and registered in the first-mentioned court in
        accordance with the regulations, the court may-

   (c)  discharge the order if there is any just cause for so doing;

   (d)  suspend its operation wholly or in part and either until further order
        or until a fixed time or the happening of some future event;

   (e)  revive wholly or in part an order suspended under paragraph (d); or

   (f)  subject to sub-section (2), vary the order so as to increase or
        decrease any amount ordered to be paid or in any other manner.

(2) The court shall not make an order increasing or decreasing an amount
ordered to be paid by an order unless it is satisfied-

   (a)  that, since the order was made or last varied-

        (i)    the circumstances of a person for whose benefit the order was
               made have so changed;

        (ii)   the circumstances of the person liable to make payments under
               the order have so changed; or

        (iii)  in the case of an order that is binding on a legal personal
               representative, the circumstances of the estate are such,

as to justify its so doing;

   (b)  that, since the order was made, or last varied, the cost of living has
        changed to such an extent as to justify its so doing; or

   (c)  that material facts were withheld from the court that made the order
        or from a court that varied the order or material evidence previously
        given before such a court was false.

(3) Sub-section (2) does not prevent the court from making an order varying an
order made before the date of commencement of this Act if the first-mentioned
order is made for the purpose of giving effect to this Part.

(4) In satisfying itself for the purposes of paragraph (2) (b), the court
shall have regard to any changes that have occurred in the Consumer Price
Index published by the Commonwealth Statistician.

(5) The court shall not, in considering the variation of an order, have regard
to a change in the cost of living unless at least 12 months have elapsed since
the order was made or was last varied having regard to a change in the cost of
living.

(6) An order decreasing the amount of a periodic sum payable under an order or
discharging an order shall not be expressed to be retrospective to a date
earlier than 12 months before the date of the application for the variation or
discharge.

(7) For the purposes of this section, the court shall have regard to the
provisions of sections 72, 75 and 76.

(8) The discharge of an order does not affect the recovery of arrears due
under the order at the time as at which the discharge takes effect. 


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