Section 32 — Property (Relationships) Act 1976: Orders relating to maintenance and child support

32 Orders relating to maintenance and child support (1) In any proceedings, the Court must have regard to— (a) any order made under the Family Proceedings Act 1980 for the maintenance of a spouse or partner; and (b) any child support payable by 1 spouse or partner, under a formula assessment under the Child Support Act 1991 , for a child of the marriage, civil union, or de facto relationship; and (c) any voluntary agreement, whether or not the agreement has been accepted under Part 3 of the Child Support Act 1991 . (2) In any proceedings, the Court, if it considers it just, may— (a) make an order under the Family Proceedings Act 1980 for the maintenance of a spouse or partner: (b) discharge, vary, extend, or suspend an order made under the Family Proceedings Act 1980 for the maintenance of a spouse or partner: (c) make any order in relation to child support that may be made under section 106 or section 109 or section 112 of the Child Support Act 1991 , as if an application had been made under section 104 or (as the case requires) section 108 or section 112 of that Act: (d) cancel, vary, extend, or suspend a voluntary agreement. (3) An order made under this Act in respect of relationship property is not sufficient by itself to support— (a) an application under section 99 of the Family Proceedings Act 1980 for the discharge, variation, extension, or suspension of an order for the maintenance of a spouse or partner; or (b) an application for an order under Part 7 of the Child Support Act 1991 ; or (c) the cancellation, variation, extension, or suspension of a voluntary agreement. The words “ High Court ” in subsection (1) were substituted, as from 1 April 1980, for the words “ Supreme Court ” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124). Section 32 was substituted, as from 1 October 1981, by section 189(1) Family Proceedings Act 1980 (1980 No 94). Section 32 was substituted, as from 1 February 2002, by section 35 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Section 32 was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” wherever they appear. Subsection (1)(b) was amended, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the words “ , civil union, or de facto relationship; and ” for the words “ or, as the case requires, a child of the de facto relationship; and ” .