Fiona Percy v Darren Percy [2016] NZFC 2733

Published 31 July 2016

Child maintenance — the Family Proceedings Act 1980, s 138 — application for confirmation of overseas maintenance order. An order was made under s 138 determining child maintenance in respect to the parties’ dependent children. The father was ordered to pay $200 per month in relation to the two youngest children until they turned 18 or completed full time further education, whichever was the latter. In respect to another child, who had turned 18 but was still completing further education, the father was to pay $200 per month until that study was completed. The mother had sought to have an order made in the Sheffield Family Court, that the father pay £300 per month for each child until they turned 18 or completed full time study (whichever was the latter), confirmed by the New Zealand Court. The Court made modifications to that order under s 138(7) in order to better reflect the father’s financial position and the fact that the mother had not been contributing towards the mortgage and maintenance of the former family home. **Note: names have been changed to comply with legal requirements.