Effect of death of child, person liable to pay or person entitled to receive
(1) A child maintenance order in relation to a child stops being in force on the death of the child. (2) A child maintenance order in relation to a child stops being in force on the death of the person liable to make payments under the order. (3) Subsection (2) does not apply to an order made before the commencement of section 38 of the Family Law Amendment Act 1983 if the order was expressed to continue in force throughout the life of the person for whose benefit the order was made or for a period that had not expired at the death of the person liable to make payments under the order and, in that case, the order is binding on the legal personal representative of the deceased person. (4) A child maintenance order in relation to a child stops being in force on the death of the person entitled to receive payments under the order. (5) Subsection (4) does not apply to an order if: (a) the order is expressed to continue in force after the death of the person first entitled to receive payments under the order; and (b) the order specifies the person who is to receive the payments after that death.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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