Section 66J — Family Law Act 1975 (Cth)

(1) In considering the financial support necessary for the maintenance of a child, the court must take into account these (and no other) matters:

(a) the matters mentioned in section 66B; and

(b) the proper needs of the child (this is expanded on in subsection (2)); and

(c) the income, earning capacity, property and financial resources of the child (this is expanded on in subsection (3)).

(2) In taking into account the proper needs of the child the court:

(a) must have regard to:

(i) the age of the child; and

(ii) the manner in which the child is being, and in which the parents expected the child to be, educated or trained; and

(iii) any special needs of the child; and

(b) may have regard, to the extent to which the court considers appropriate in the circumstances of the case, to any relevant findings of published research in relation to the maintenance of children.

(3) In taking into account the income, earning capacity, property and financial resources of the child, the court must:

(a) have regard to the capacity of the child to earn or derive income, including any assets of, under the control of or held for the benefit of the child that do not produce, but are capable of producing, income; and

(b) disregard:

(i) the income, earning capacity, property and financial resources of any other person unless, in the special circumstances of the case, the court considers it appropriate to have regard to them; and

(ii) any entitlement of the child or any other person to an income tested pension, allowance or benefit.

(4) Subsections (2) and (3) do not limit, by implication, the matters to which the court may have regard in taking into account the matters referred to in subsection (1).

Related sections

• s 66F — Who may apply for a child maintenance order
• s 66G — Court’s power to make child maintenance order
• s 66H — Approach to be taken in proceedings for child maintenance order
• s 66K — Matters to be taken into account in determining contribution that should be made by party etc.
• s 66L — Children who are 18 or over
• s 66M — When step‑parents have a duty to maintain

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