Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 5

Means of support and matters affecting amount of orders

5. Means of support and matters affecting amount of orders



(1) In determining whether adequate means of support have been provided for a
person by another person-

   (a)  the court shall have regard to the accustomed condition in life, but
        not the means or earning capacity, of the first-mentioned person; and

   (b)  the court may disregard any moneys paid by a defendant to a
        complainant during the pendency of proceedings under this Part unless
        it appears to the court that the defendant intends in good faith to
        continue providing adequate means of support for the person or persons
        for whose maintenance the proceedings were brought.

(2) In determining the amount that a defendant is to be ordered to pay by an
order under this Part for the payment of maintenance the court shall have
regard, where appropriate, to-

   (a)  the accustomed condition in life of the person or persons for whose
        maintenance the order is to be made; and

   (b)  the whole financial position of the person or persons for whose
        maintenance or for whose benefit the order is to be made and of the
        defendant, their respective means and earning capacities and the
        defendant's ability to pay-

but in ascertaining the financial position of the person or persons for whose
maintenance or for whose benefit the order is to be made the court shall
disregard any moneys that any such person has earned, is earning or may
thereafter earn solely or mainly because of the desertion or neglect of the
defendant or his proposed removal out of Victoria and any savings arising from
those moneys unless, in the special circumstances of the case, the court
thinks it proper to take those moneys and savings into consideration.





(3) Upon the hearing of a complaint under this Part-





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   (b)  in respect of an illegitimate child to the mother of whom a grant is
        made or payable under section 24 of the
        Children, Youth and Families Act 2005-

no regard shall be had, in determining the amount to be directed to be paid by
an order made under this Part in respect of the child, to the fact that the
child has been so admitted or that such a grant is made or payable to the
mother of the child.

Subdivision 2-Orders against husbands for maintenance of wives and against
parents for maintenance of children