Enforcement of overseas maintenance order — ability to pay — Family Proceedings Act 1980, ss 136 & 138. The applicant sought an order under s 138 of the Family Proceedings Act ("the Act") for the enforcement of a child maintenance order made in the United Kingdom (UK). As the UK order was provisional, a hearing was required under s 136 of the Act. The UK order was for a lump sum payment of £1000 and monthly installments of £400. Since the order had been made the respondent had paid no maintenance. The Court did not consider it necessary to remit the case back to the UK court pursuant to s 138(6) as the respondent did not contest the reasonableness of the maintenance order, rather his ability to pay the amount. The Judge considered the financial evidence of the respondent and determined there was sufficient means available to pay the maintenance. The respondent had also made offers to the applicant to pay a sum of between $400-$500 per month. Counsel for the applicant also raised the issue of a discretionary lump sum payment to the applicant pursuant to s 138(9). The Judge assessed this at £6400, being the monthly installment for a total of 16 months and considered this was appropriate as the respondent had made no payments of maintenance in five years. The Judge confirmed the provisional order of the UK court that the respondent pay £400 (NZ$765) in monthly installments and £6400 to be paid off over 36 months. Judgment Date: 29 January 2021. * * * Note: names have been changed to comply with legal requirements. * * *