DOMESTIC RELATIONSHIPS ACT 1994 (NO. 28 OF 1994) - SECT 23 Periodic maintenance orders—variation etc.

DOMESTIC RELATIONSHIPS ACT 1994 (NO. 28 OF 1994) - SECT 23

23. (1) On application by a person in respect of whom an order for periodic maintenance has been made, a court may—

        (a)     subject to subsection (2), discharge the order;

        (b)     suspend the operation of the order, wholly or in part, for a specified period or until a specified time or event;

        (c)     revoke a suspension under paragraph (b), wholly or in part; or

        (d)     subject to subsection (2) and sections 19, 22 and 24, vary the order.

(2) A court shall not discharge the order, or vary the amount of maintenance ordered to be paid, unless it is satisfied that, since the order was made, or last varied—

        (a)     the circumstances of either party have so changed; or

        (b)     the cost of living has changed to such an extent;

as to justify it doing so.

(3) For the purposes of paragraph (2) (b), a court shall have regard to any changes that have occurred since the order was made or last varied in—

        (a)     the Consumer Price Index (All Groups Index) issued by the Australian Statistician; or

        (b)     if the regulations prescribe a group of numbers or amounts issued by the Australian Statistician that relate to the price of goods and services (other than the group set out in that Index)—the prescribed group.

(4) In considering the variation of an order, a court shall not have regard to a change in the cost of living unless at least 12 months have elapsed since the order was made or last varied having regard to a change in the cost of living.

(5) An order decreasing the amount of a periodic sum payable under an order may be expressed to be retrospective to such date as the court thinks fit.