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Johns v Hill [2021] NZFC 1544

Published 08 September 2021

Application for confirmation of overseas maintenance order — child maintenance — variation — Family Proceedings Act 1980, ss 142B, 142E, 145C, 146A, 147 & 157 — Child Support Act 1991 — REA v SJJ FC Whanganui FAM-2003-083-260, 14 January 2005 — A v A FC Nelson FAM-2006-009-2960, 31 August 2009 — ARH v AJH FC Balclutha FAM-2009-005-000046, 20 August 2010 — H v H FC New Plymouth FP043/258/01, 28 May 2003 — DKM v TAD [2012] NZFC 6947. This hearing was to determine an application by the applicant mother for confirmation of an overseas child maintenance order in respect of the parties' two children pursuant to ss 142B and 147 of the Family Proceedings Act ("the Act"). The respondent, who lived in the UK, was not present at the hearing and the applicant had not had any contact with him in three years. There was a child maintenance order in place from 2008 for £100 per month and payment of arrears. The applicant lived in New Zealand with the parties' two children and a younger child from another man. The child support in respect of this third child had been reduced due to the child's father suffering a medical incident. The parties' eldest child had special needs which meant the applicant had difficulty finding employment due to the increased time needed to care for the eldest child. The applicant sought a provisional order that the respondent pay £370 per month. She estimated his income to be around $50,000. She filed evidence in support of the application which the Judge considered and concluded that the applicant was of modest means and lived modestly. There was no room in her budget for any adjustment. The Judge also assessed her application as reasonable. The Judge granted a provisional order that the respondent pay child maintenance of £370 per month (£185 per child) until the parties' two children attained the age of 20. Judgment Date: 18 February 2021. * * * Note: names have been changed to comply with legal requirements. * * *