Discharge, suspension, revival or variation of periodic maintenance orders
33 Discharge, suspension, revival or variation of periodic maintenance orders
On application by a de facto partner in respect of whom an order under this Division has been made for periodic maintenance, a court may by order:
discharge the order; or
suspend the operation of the order wholly or in part and either until a further order is made or until a fixed time or the happening of a future event; or
revive, wholly or in part, the operation of an order suspended under paragraph (b); or
vary the order so as to increase or decrease an amount directed by the order to be paid, or in any other manner.
Subject to subsection (2A), a court must not make an order under subsection (1) unless it is satisfied that:
the circumstances of either of the de facto partners have changed in such a way; or
the cost of living has changed to such an extent;
as to justify making the order.
A court must discharge an order if satisfied:
the de facto relationship has ended; and
the de facto partner in whose favour the order was made has entered into another de facto relationship.
In satisfying itself for subsection (2)(b), a court must have regard to any changes that have occurred, during the relevant period in:
the Consumer Price Index (All Groups Index) issued by the
Australian Statistician; or
a group of numbers or of amounts, relating to the price of goods and services, issued by the Australian Statistician which is prescribed for this paragraph.
A court must not, in considering the variation of an order, have regard to a change in the cost of living unless not less than
12 months have elapsed since the order was made, or last varied because of a change in the cost of living.
A court may make a retrospective order decreasing the amount of a periodic amount payable under an order.
For this section, a court must have regard to sections 24 and
26.
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