QLDIn ForceAct
Maintenance Act 1965
sec.17Court may order future maintenance of child upon complaint for preliminary expenses
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### sec.17 Court may order future maintenance of child upon complaint for preliminary expenses
Where a court makes an order under section 16 for or towards the payment of preliminary expenses, being an order made before the birth of the child to which it relates, the court may, upon complaint made by or on behalf of the person who made the complaint under section 16 , if it appears probable that the child will, at the expiration of 3 months after birth, be without adequate means of support provided by the father of the child, order the father to pay for or towards the maintenance of the child such amount as it thinks reasonable.
An order under subsection (1) takes effect—
where a certified copy of the registration of the birth of the child is produced to the clerk of the court by which the order is made within a period of 3 months after the birth of the child—at the expiration of that period; or
where such a certified copy is not so produced—upon the production to the clerk of that certified copy.
An order under subsection (1) does not take effect if the child to whom it relates is stillborn or dies or is adopted before the order would otherwise take effect.
An order under subsection (1) shall not be made requiring a person to make payments for or towards the maintenance a child unless—
the person has consented to the making of the order; or
the person has been given notice of the complainant’s intention to apply for the order.
Where a certified copy of the registration of the birth of the child in relation to whom an order has been made under subsection (1) is produced to the clerk of the court, the clerk shall forthwith send by post to the defendant at the defendant’s usual or last-known place of residence or business notice in writing of the name of the child, if shown in the certified copy, and of the date and place of birth of the child and the date on which and place at which the first payment under the order is required to be made.
s 17 amd 1978 No. 30 s 14 (1) sch
(sec.17-ssec.1) Where a court makes an order under section 16 for or towards the payment of preliminary expenses, being an order made before the birth of the child to which it relates, the court may, upon complaint made by or on behalf of the person who made the complaint under section 16 , if it appears probable that the child will, at the expiration of 3 months after birth, be without adequate means of support provided by the father of the child, order the father to pay for or towards the maintenance of the child such amount as it thinks reasonable.
(sec.17-ssec.2) An order under subsection (1) takes effect— where a certified copy of the registration of the birth of the child is produced to the clerk of the court by which the order is made within a period of 3 months after the birth of the child—at the expiration of that period; or where such a certified copy is not so produced—upon the production to the clerk of that certified copy.
(sec.17-ssec.3) An order under subsection (1) does not take effect if the child to whom it relates is stillborn or dies or is adopted before the order would otherwise take effect.
(sec.17-ssec.4) An order under subsection (1) shall not be made requiring a person to make payments for or towards the maintenance a child unless— the person has consented to the making of the order; or the person has been given notice of the complainant’s intention to apply for the order.
(sec.17-ssec.5) Where a certified copy of the registration of the birth of the child in relation to whom an order has been made under subsection (1) is produced to the clerk of the court, the clerk shall forthwith send by post to the defendant at the defendant’s usual or last-known place of residence or business notice in writing of the name of the child, if shown in the certified copy, and of the date and place of birth of the child and the date on which and place at which the first payment under the order is required to be made.
- (a) where a certified copy of the registration of the birth of the child is produced to the clerk of the court by which the order is made within a period of 3 months after the birth of the child—at the expiration of that period; or
- (b) where such a certified copy is not so produced—upon the production to the clerk of that certified copy.
- (a) the person has consented to the making of the order; or
- (b) the person has been given notice of the complainant’s intention to apply for the order.