Published 16 December 2016
Overseas maintenance order — discharge or variation — Family Proceedings Act 1980, ss 99 and 142 — Family Proceedings Act 1980, 62–66. A maintenance order made by the Provincial Court of British Colombia and confirmed in New Zealand for payment of NZ$3,269.70 per month was challenged by the applicant under ss 99 and 142. It was determined that the order did not reflect the applicant's earning income and should be discharged, and that a capital imbalance, if applied to the maintenance order, was approximately sufficient to cover the applicant's arrears up to the date of the decision. The issue then was ongoing liability which was set at a figure of NZ$75 per week for eighteen months taking into account the circumstances of the parties. Judgment Date: 5 September 2016.
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