Published 21 June 2019
Interim spousal maintenance — reasonable needs — Family Proceedings Act 1980, ss 62-66 & 82 — M v B [2006] 3 NZLR 660 — R K v D K HC Auckland, CIV-2010-404-002052 — Clayton v Clayton (maintenance) [2015] NZHC 765 — McQueen v Penn [2016] NZCA 571 — Prest v Petrodel Resources Limited [2013] UK SC 34. The applicant sought interim spousal maintenance. The parties commenced their relationship in 1997, married in 2001 and separated in 2016. They had two children together and the respondent had a daughter living overseas. The applicant worked both full-time and part-time at different points during the marriage and was the primary caregiver for the children (both during and after the marriage). The respondent was employed and earned over six figures annually. During the relationship, the parties enjoyed a high standard of living. The respondent paid for all outgoings and utilities and the applicant paid for groceries and other day-to-day costs. The day following their separation the respondent ceased paying for any bills and six months later stopped making mortgage payments after the applicant applied for child support. The applicant was not notified of this until she received a letter from the bank documenting arrears. The applicant provided a reasonable budget of her needs. Her former partner was less forthcoming about his financial situation, meaning the court had to rely on information provided by the IRD. The Judge ordered the respondent to pay weekly interim spousal maintenance of $650, as the applicant could not meet the reasonable needs of herself and the children, and the respondent had the capacity to meet the shortfall. Judgment Date: 16 March 2018.
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