FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 76
Maintenance of children.
FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 76
Maintenance of children.
76. (1) In determining-
(a) whether to make an order for the maintenance of a child of a marriage;
or
(b) the period for which such an order should continue in force or the
amount of any payment to be required to be made under such an order,
the court shall, in addition to the matters referred to in section 75,
take into account-
(c) the income, earning capacity, property and other financial resources
of the child;
(d) the financial needs of the child; and
(e) the manner in which the child is being, and in which the parties to
the marriage expected the child to be, educated or trained.
(2) Subject to sub-section (3)-
(a) an order shall not be made for the maintenance of a child who has
attained the age of 18 years; and
(b) an order for the maintenance of a child ceases to be in force when the
child attains the age of 18 years.
(3) The court may-
(a) provide in an order for the maintenance of a child who has not
attained the age of 18 years that the order shall continue in force
until a day that is later than, or for a period that extends beyond,
the day on which the child will attain that age; or
(b) make an order for the maintenance of a child who has attained the age
of 18 years, being an order that is expressed to continue in force
until a day, or for a period, specified in the order, if the court is
satisfied that the provision of the maintenance is necessary to enable
the child to complete his education (including vocational training or
apprenticeship) or because he is mentally or physically handicapped,
and, in that case, the order continues in force until that day or the
expiration of that period, as the case may be.