Subdiv 1Commencement and duration of orders

Subdivision 1—Commencement and duration of orders 134—Orders for maintenance of children etc Except as otherwise provided in this Division— (a) an order cannot be made under this Part in respect of a child who has attained the age of 18 years; and (b) except where arrears are due under the order and to the extent of those arrears, an order for the maintenance of a child ceases to have effect when the child attains the age of 18 years, marries, dies or is adopted or the person against whom the order was made dies, whichever first occurs. 135—Maintenance after child's eighteenth year (1) Upon complaint or application to the Magistrates Court made by or on behalf of a child (including a child who has attained the age of 18 years), if the court is satisfied that it is necessary to make an order under this section— (a) for the purposes of enabling the child to undertake or complete a course of education or training that will fit the child for a profession, trade or occupation in which to earn a livelihood; or (b) if the child is unable to earn a livelihood by reason of physical or mental incapacity—for the purposes of maintaining him or her, the court may make an order against a near relative for maintenance in respect of the child that will be in force, or vary an existing order for maintenance in respect of the child so that it will be in force, for an amount specified in the order and for a period specified in the order that commences after or continues beyond the date at which the child attained or will attain the age of 18 years. (2) This section does not apply— (a) in respect of a course of education or training commenced after a child attains the age of 21 years; or (b) in respect of any physical or mental incapacity occurring after a child attains the age of 18 years. (4) The amount specified in an order under this section may include such allowance for or towards the expenses incurred or to be incurred in undertaking or completing a course of education or training as the court thinks proper. 136—Orders for support of wife, husband or child may include provision for past maintenance Unless otherwise provided by this Act an order under this Part for the maintenance of a person may, whether or not an application for that purpose has been made, be made to take effect from a past date not being earlier than a date that the court thinks reasonable, and where an order takes effect from a past date the court may direct the past maintenance to be paid in one sum or by such instalments as the court directs. 138—Recovery of arrears after cessation of order (1) The fact that an order under this Act for the maintenance of a person ceases to have effect by virtue of this Act does not prevent the enforcement of the order or the recovery of any money due under the order, so far as it relates to any period, or to past maintenance of a person during any period, before it ceased to have effect. (2) Subsection (1) does not apply where the order ceased to have effect by reason of the death of the defendant. Subdivision 2—Evidentiary provisions 140—Evidence of mother as to paternity of child born outside marriage etc not to be accepted without corroboration except in certain cases Upon the hearing of a complaint under this Part with respect to a child born outside marriage the evidence of a woman that the defendant (not being her spouse) is the father of her child or that she is pregnant by the defendant (not being her spouse) must not be accepted without corroboration in a material particular except in the following cases: (a) where the defendant is present in court during the hearing of the complaint and does not give evidence on oath denying that he is the father of the child or that the woman is pregnant by him; (b) where the defendant is not present in court during the hearing of the complaint and the court is satisfied that he was duly served personally with a summons to attend the court; (c) where a direction has been given by the court pursuant to section 112 and the defendant refuses or without reasonable excuse fails to attend within the period or extended period fixed under that section upon the medical practitioner or analyst nominated in the direction and to permit the necessary blood samples to be taken for the purposes of the blood tests directed by the court, and in any of those cases the court may, subject to this Act, in its discretion accept the uncorroborated evidence of the woman as sufficient evidence of the fact that the defendant is the father of the child or that she is pregnant by him. 141—Proof of marriage Subject to section 142, upon the hearing of a complaint under this Part by one party to a marriage against the other party to the marriage, the person making the complaint must— (a) produce direct evidence of the marriage with the person against whom the complaint is made; or (b) give evidence on oath of the time, place and circumstances of the marriage. 142—Evidentiary provision Upon the hearing of any complaint made by the Minister, an allegation in the complaint— (a) that the person complained against is a near relative of a child and liable to maintain the child; or (b) that the person complained against is able to contribute to the maintenance of the child; or (c) that any sum has been expended upon, or is due or owing for, or in respect of, the maintenance of a child; or (e) that a child is under the guardianship of the Minister pursuant to any Act; or (f) that a child is under the guardianship of the Chief Executive under the Children and Young People (Safety) Act 2017 pursuant to an order under that or any other Act, will be taken to be proved in the absence of proof to the contrary.