Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 4.16

Application for step-parent to maintain

(1) This rule applies to an application for a child maintenance order (including an order under section 66M of the Act) if:

(a)
the parties are the parent and step-parent of the child or children to whom the application relates; and

(b)
the respondent consents to, or does not oppose, the order sought.

(2) The applicant must:
(a) file with the application and Financial Statement (Form 13), an affidavit setting out the facts relied on in support of the application, including:

(i)
whether the parties are separated;
(ii)
the financial circumstances of the parties;
(iii)
the reason for seeking the order; and
(iv)
the obligations, or potential obligations, of each party for child support for any other child; and
(b)
serve a copy of the documents filed on:

(i)
any person mentioned in paragraph (a) or (b) of the definition of each person to be served in subrule 7.04 (4) who is to be served;
(ii)
each other person who is a parent or eligible carer of the child in relation to whom the application is made; and
(iii)
any other person likely to be affected by the child maintenance order sought.

Example
The parent of a child that the step-parent has a duty to maintain and the Child Support Agency may be persons affected by the order sought.



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