sec.9Matters affecting amount of orders

### sec.9 Matters affecting amount of orders In determining the amount that a defendant is to be ordered to pay by an order under section 10 , 11 , 12 , 14 , 15 or 17 , the court shall have regard, where appropriate, to— the accustomed condition in life of the person for whose benefit the order is to be made; and any evidence before the court as to the means and earning capacity of the defendant and that person and the ability of the defendant to pay maintenance; but may, in its discretion, disregard— the earnings or savings from earnings from an occupation engaged in by that person, or any part of those earnings or savings, if it is satisfied that that person engaged in that occupation solely or mainly because that person was, or reasonably expected to be, left without adequate means of support; and the earning capacity of that person, if it is satisfied that that person would engage in an occupation solely or mainly because that person is, or reasonably expects to be, left without adequate means of support. In the case of an order for the benefit of a child of the family or a child whose parents were not married to each other at the time of its conception and have not since married each other, the expressions— ‘defendant’, in subsection (1) (b) ; and ‘that person’, in subsection (1) (c) and (d) ; include the parent of the child, not being the parent who is the defendant. In determining the amount that a defendant is to be ordered to pay by an order under this part for a child in custody, no regard shall be had to the fact that the child is a child in custody. In this section— chief executive for child protection means the chief executive of the department in which the Child Protection Act 1999 is administered. child in custody means a child in the custody or under the guardianship of the chief executive for child protection under a court assessment order or child protection order under the Child Protection Act 1999 . s 9 amd 1978 No. 30 s 14 (1) sch ; 1999 No. 10 s 205 sch 3 (sec.9-ssec.1) In determining the amount that a defendant is to be ordered to pay by an order under section 10 , 11 , 12 , 14 , 15 or 17 , the court shall have regard, where appropriate, to— the accustomed condition in life of the person for whose benefit the order is to be made; and any evidence before the court as to the means and earning capacity of the defendant and that person and the ability of the defendant to pay maintenance; but may, in its discretion, disregard— the earnings or savings from earnings from an occupation engaged in by that person, or any part of those earnings or savings, if it is satisfied that that person engaged in that occupation solely or mainly because that person was, or reasonably expected to be, left without adequate means of support; and the earning capacity of that person, if it is satisfied that that person would engage in an occupation solely or mainly because that person is, or reasonably expects to be, left without adequate means of support. (sec.9-ssec.2) In the case of an order for the benefit of a child of the family or a child whose parents were not married to each other at the time of its conception and have not since married each other, the expressions— ‘defendant’, in subsection (1) (b) ; and ‘that person’, in subsection (1) (c) and (d) ; include the parent of the child, not being the parent who is the defendant. (sec.9-ssec.3) In determining the amount that a defendant is to be ordered to pay by an order under this part for a child in custody, no regard shall be had to the fact that the child is a child in custody. (sec.9-ssec.4) In this section— chief executive for child protection means the chief executive of the department in which the Child Protection Act 1999 is administered. child in custody means a child in the custody or under the guardianship of the chief executive for child protection under a court assessment order or child protection order under the Child Protection Act 1999 . - (a) the accustomed condition in life of the person for whose benefit the order is to be made; and - (b) any evidence before the court as to the means and earning capacity of the defendant and that person and the ability of the defendant to pay maintenance; - (c) the earnings or savings from earnings from an occupation engaged in by that person, or any part of those earnings or savings, if it is satisfied that that person engaged in that occupation solely or mainly because that person was, or reasonably expected to be, left without adequate means of support; and - (d) the earning capacity of that person, if it is satisfied that that person would engage in an occupation solely or mainly because that person is, or reasonably expects to be, left without adequate means of support. - (a) ‘defendant’, in subsection (1) (b) ; and - (b) ‘that person’, in subsection (1) (c) and (d) ;