FAMILY COURT ACT 1997 - SECT 121
FAMILY COURT ACT 1997 - SECT 121
121 . Matters to be taken into account in considering financial support necessary for maintenance of child — FLA s. 66J
(1) In considering the
financial support necessary for the maintenance of a child, a court must take
into account these (and no other) matters —
(a) the
matters mentioned in section 114; 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 a 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, a 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 a court may have
regard in taking into account the matters referred to in subsection (1).