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FAMILY COURT ACT 1997 - SECT 205ZD

205ZD .         Maintenance orders — FLA s. 75

        (1)         A court may make such order as it considers proper for the maintenance of a de facto partner.

        (2)         In exercising jurisdiction under this section, the court must take into account only the matters referred to in subsection (3).

        (3)         The matters to be taken into account are —

            (a)         the age and state of health of each of the de facto partners; and

            (b)         the income, property and financial resources of each of the de facto partners and the physical and mental capacity of each of them for appropriate gainful employment; and

            (c)         whether either de facto partner has the care or control of a child of the de facto relationship who has not attained the age of 18 years; and

            (d)         commitments of each of the de facto partners that are necessary to enable the partner to support —

                  (i)         himself or herself; and

                  (ii)         a child or another person that the party has a duty to maintain;

                and

            (e)         the responsibilities of either party to support any other person; and

            (f)         subject to subsection (4), the eligibility of either party for a pension, allowance or benefit under —

                  (i)         any law of the Commonwealth, of a State or Territory or of another country; or

                  (ii)         any superannuation fund or scheme, whether the fund or scheme was established, or operates, within or outside Australia,

                and the rate of any such pension, allowance or benefit being paid to either party; and

            (g)         a standard of living that in all the circumstances is reasonable; and

            (h)         the extent to which the payment of maintenance to the party whose maintenance is under consideration would increase the earning capacity of that party by enabling that party to undertake a course of education or training or to establish himself or herself in a business or otherwise to obtain an adequate income; and

                  (i)         the extent to which the party whose maintenance is under consideration has contributed to the income, earning capacity, property and financial resources of the other party; and

            (j)         the duration of the de facto relationship and the extent to which it has affected the earning capacity of the party whose maintenance is under consideration; and

            (k)         the need to protect a party who wishes to continue that party’s role as a parent; and

            (l)         if either party is cohabiting with another person, the financial circumstances relating to the cohabitation; and

            (m)         the terms of any order made or proposed to be made under section 205ZG in relation to the property of the parties; and

            (n)         any child support under the Child Support (Assessment) Act that a de facto partner has provided, is to provide, or might be liable to provide in the future, for a child of the de facto relationship; and

            (o)         any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account; and

            (p)         the terms of any financial agreement or former financial agreement that is binding on the parties.

        (4)         In exercising its jurisdiction under this section, a court must disregard any entitlement of the de facto partner whose maintenance is under consideration to an income tested pension, allowance or benefit.

        [Section 205ZD inserted: No. 25 of 2002 s. 47.]



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