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Taylor v Sydney [2022] NZFC 11687

Published 27 January 2023

Application for spousal maintenance — interim maintenance — final maintenance — reasonable needs — ability to pay — Family Proceedings Act 1980, ss 64, 65 & 82 — Taylor v Sydney [2022] NZFC 3161 — Taylor v Sydney [2021] NZFC 7409 — Ropiha v Ropiha [1979] 2 NZLR 245 (CA) — Cooper v Pinney [2016] NZHC 1633. This hearing was to determine two applications by the applicant for a fourth order for interim spousal maintenance and a final maintenance order. The parties had been in a relationship and subsequently married. An initial interim order was in place for maintenance of $2,250 per week plus rent at $1100 per week and continued use of a car including running costs. The first interim order expired before the substantive maintenance proceedings had been heard. The applicant applied to the Court for a second interim order, not disclosing that her circumstances had changed. This interim order was granted. The respondent subsequently applied without notice to discharge the interim order and the application was put on notice. At that hearing the Judge discharged the second interim order, finding that the respondent had significantly overpaid the application during that period. The Judge also found there was no jurisdiction to extend the term of the second order. At this hearing, the Judge calculated the applicant's reasonable needs as being $388 plus $208 car expenses. The Judge noted that any final maintenance order had to reflect the fact that the applicant had received interim maintenance for a period of two and a half years following the end of the parties' relationship. The Judge declined to make a further interim maintenance order in the applicant's favour. The Judge made a final maintenance order in the sum of $388 per week plus car expenses of $208 from the date of the hearing to the date of the judgment. Judgment Date: 15 November 2022. * * * Note: names have been changed to comply with legal requirements. * * *