Carter v Carter [2020] NZFC 1210

Published 16 July 2020

Application for spousal maintenance — reasonable needs — ability to pay — back-pay — quantum — DG v LG HC Wellington AP339/98, 25 February 2000 — PTB v AFB HC Dunedin CIV-2003-412-415, 16 December 2003 — S v S [2012] NZFC 2685 — McQueen v Penn [2016] NZHC 699 — C v G [2010] NZCA 128, [2010] NZFLR 497 — Clayton v Clayton [2015] NZHC 550 — Family Proceedings Act 1980, ss 63, 69 & 70. The applicant sought payment of spousal maintenance for the period October 2015 to February 2017, being from the date the parties' relationship ended until the respondent found full time employment. There was no dispute over the applicant's budget, rather the quantum to be paid as the respondent argued he had not been able to pay as he only had a salary of $11,000. The Judge rejected this as the respondent had been drawing from his company to the tune of $172,000. The respondent was ordered to pay the applicant $47,356, through a payment plan if necessary. Judgment Date: 25 February 2020. * * * Note: names have been changed to comply with legal requirements. * * *