Section 81 — Family Proceedings Act 1980: Maintenance order against natural parent

81 Maintenance order against natural parent (1) On hearing an application under section 79 of this Act, the Court may, if it is satisfied that— (a) It is desirable, in the interests of providing, or of reimbursing the applicant for having provided, adequate care for the child, to make a maintenance order; and (b) It is reasonable to make a maintenance order, having regard to— (i) The means, including the potential earning capacity, of each parent; and (ii) The reasonable needs of each parent; and (iii) The fact that the respondent is supporting any other person; and (iv) The financial and other responsibilities of each parent— make an order directing the respondent to pay to the applicant, for such period as the Court thinks fit, such periodical or lump sum towards the future maintenance of the applicant as the Court thinks fit, or such lump sum towards the past maintenance of the applicant as the Court thinks fit. (2) An order made under this section may be made subject to such other conditions as to payment as the Court thinks fit. (3) Unless an order under this section expires earlier, the order ceases to have effect if the person in whose favour it is made subsequently marries or enters into a civil union or a de facto relationship. Compare: 1968 No 62 s 53(2)(b), (4), (5); 1975 No 70 s 2 The heading to section 81 was amended, as from 1 February 2002, by section 12(2) Family Proceedings Amendment Act 2001 (2001 No 7) by substituting the words “ against natural parent ” for the words “ in favour of unmarried parent ” . Subsection (3) was substituted, as from 1 February 2002, by section 12(1) Family Proceedings Amendment Act 2001 (2001 No 7). Subsection (3) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ civil union or a ” after the words “ enters into a ” .