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  • Title: Family Law Amendment Act 1987 (No. 181 of 1987), 26 December 1987.
    Author: Australia.
    Journal: Annu Rev Popul Law; 1988; 15():129. PubMed ID: 12289182.
    Abstract:
    The 1987 Family Law Amendment Act of Australia 1) gives the Family Court jurisdiction over exnuptial children transferred by the states of New South Wales, Victoria, Tasmania, and South Australia; 2) removes most references to children indicating the marital status of their parents; 3) sets forth rebuttable presumptions of parentage arising from the marriage of parents, the cohabitation of parents, an entry in a register of births, court findings, and acknowledgement in writing by the father; 4) authorizes court-ordered medical procedures to determine parentage; and 5) provides for the registration of agreements in matters of custody, guardianship, access, or other matters affecting the welfare of a child. In addition, the Act contains provisions on child and spousal maintenance including those which recognize that the maintenance of children is the duty of the natural parent but which assign to a stepparent the duty of secondary support if the stepparent is the guardian or custodian of the child or the court determines that such a duty is proper. In setting the level of contributions, a court is to consider not only the actual income and resources of the parties but also the capacity to derive income from assets. Moreover, a court is to subtract from resources available to pay maintenance only expenditures necessary to support the parent and any other person that the parent has a duty to support. Also, any entitlement of the child to an income-tested pension, allowance, or benefit is to be disregarded. For determining spousal maintenance, the Act provides similar rules with respect to the amount that can be subtracted from available resources and entitlement to an income-tested pension, allowance, or benefit. The Act also authorizes a Court to order a specific transfer or settlement of property as maintenance. In addition, the Act reduces the ability of the spouses to enter into maintenance agreements by authorizing a court to entertain a request for spousal maintenance if it is satisfied that when the agreement for no maintenance was approved a party would not have been able to support himself or herself without an income-tested pension, allowance, or benefit.
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