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Chen v Hai [2022] NZFC 10816

Published 19 January 2024

Reserved judgment — child support — property — Chinese culture — Child Support Act 1991, s 96B — Deng v Zheng [2022] NZSC 76 — Li v Wu & Fan [2019] NZHC 2461 — Speller v Chong [2003] NZFLR 385. This was an appeal against the respondent's application to depart from an assessment of child support payment. The appellant was to pay $80.60 per month for 2022 for the parties' children, and his income did not contribute to the combined child support income and care cost. This was reviewed through an administrative review hearing, where it was determined that a departure order would be made as the appellant had income from his properties. The respondent claimed that the appellant earned $2000 per week from rental income from properties he owned. The appellant claimed the properties were not rental, as they were not in the condition to be rented out and at the time of the assessment he did not have a steady income. The Court then looked at the Chinese cultural perspective, noting that cultural considerations were timely and relevant for civil disputes. The Court accepted that the properties were not solely the appellant's, as his mother financed the purchases and the money transferred to the respondent was meant for real estate purchases for his mother. The Court found that the review did not consider all the factual, legal and cultural information. The Court did not find grounds for departure, so the appeal was successful. Judgment Date: 25 October 2022 * * * Note: names have been changed to comply with legal requirements. * * *