district court logo

Thomas v Jones [2023] NZFC 3926

Published 08 April 2024

Application for interim spousal maintenance — Family Proceedings Act 1980, ss 62, 64, 64A, 66 & 82 — Ropiha v Ropiha [1979] 2 NZLR 245 — Hodson v Hodson HC Napier CIV-2011-441-000618, 6 December 2011 — Cooper v Pinney [2016] NZHC 1633. This hearing was to determine a second application for interim spousal maintenance. The Court had previously awarded the applicant a sum of $1,345 per week for a period of six months while the parties' final spousal maintenance proceedings progressed. The Judge noted that the parties were seemingly focussed on obtaining evidence for irrelevant considerations, and that they should focus on the core issue of establishing whether the applicant had an ongoing need for maintenance. The Judge considered the relevant criteria and the parties' situation and considered it just to make an award at the same quantum for a further two-month period, by which time it was hoped that the applicant would be able to meet her own reasonable needs and the substantive proceedings would be set down for a longer hearing. Judgment Date: 20 April 2023. * * * Note: names have been changed to comply with legal requirements. * * *