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FAMILY COURT ACT 1997 - SECT 123

123 .         Children who are 18 or over — FLA s. 66L

        (1)         A court must not make a child maintenance order in relation to a child who is 18 or more years of age unless the court is satisfied that the provision of the maintenance is necessary —

            (a)         to enable the child to complete the child’s education; or

            (b)         because of a mental or physical disability of the child.

        (1a)         The court may make a child maintenance order referred to in subsection (1), in relation to a child who is 17 years of age, to take effect when or after the child attains the age of 18 years.

        (2)         A court must not make a child maintenance order in relation to a child that extends beyond the day on which the child will turn 18 years of age unless the court is satisfied that the provision of the maintenance beyond that day is necessary —

            (a)         to enable the child to complete the child’s education; or

            (b)         because of a mental or physical disability of the child.

        (3)         A child maintenance order in relation to a child stops being in force when the child turns 18 years of age unless the order is expressed to continue in force after then.

        [Section 123 amended: No. 25 of 2002 s. 58.]



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