New South Wales Consolidated Acts

PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 27

27 Order for maintenance

(1) On an application by a party to a domestic relationship for an order under this Part for maintenance, a court may make an order for maintenance (whether for periodic maintenance or otherwise) where the court is satisfied as to either or both of the following--

(a) that the applicant is unable to support himself or herself adequately by reason of having the care and control of a child of the parties to the relationship or a child of the respondent, being, in either case, a child who is, on the day on which the application is made--

(i) except in the case of a child referred to in subparagraph (ii)--under the age of 12 years, or

(ii) in the case of a physically handicapped child or mentally handicapped child--under the age of 16 years,

(b) that the applicant is unable to support himself or herself adequately because the applicant's earning capacity has been adversely affected by the circumstances of the relationship and, in the opinion of the court--

(i) an order for maintenance would increase the applicant's earning capacity by enabling the applicant to undertake a course or programme of training or education, and

(ii) it is, having regard to all the circumstances of the case, reasonable to make the order.

(2) In determining whether to make an order under this Part for maintenance and in fixing any amount to be paid pursuant to such an order, a court shall have regard to--

(a) the income, property and financial resources of each party to the relationship (including the rate of any pension, allowance or benefit paid to either party to the relationship or the eligibility of either party to the relationship for a pension, allowance or benefit) and the physical and mental capacity of each party to the relationship for appropriate gainful employment,

(b) the financial needs and obligations of each party to the relationship,

(c) the responsibilities of either party to the relationship to support any other person,

(d) the terms of any order made or proposed to be made under section 20 with respect to the property of the parties to the relationship, and

(e) any payments made, pursuant to an order of a court or otherwise, in respect of the maintenance of a child or children in the care and control of the applicant.

(3) In making an order for maintenance, a court shall ensure that the terms of the order will, so far as is practicable, preserve any entitlement of the applicant to a pension, allowance or benefit.