Cole v Hartman [2020] NZFC 263

Published 17 February 2021

Confirmation of provisional maintenance order - United Kingdom court - child support - quantum - arrears - Family Proceedings Act 1980, ss 138 & 148 - Child Support Act 1991 - Caldwell vJacobsen [2013] NZFC 5226-ZED v ADD FC North Shore FAM-2010-044-001544, 6 October 2011. The applicant mother sought confirmation of a provisional maintenance order made in the United Kingdom. The order provided the respondent father to pay £214 per week (NZ$430.31) in child support for the parties' two children. The respondent opposed the application, arguing he should not have to pay that much child support. He had decided to move to New Zealand of his own choice and had taken a reduction in his pay as a result. The Judge confirmed the order and made no reduction as to quantum. The respondent had a well-paying job and could afford the payments. There were arrears of unpaid child support of £12,493.11 (around NZ$25,200). They were reduced by 50 per cent to account for the respondent's costs in relocating from the UK to New Zealand. Judgment Date: 17 January 2020. ***Note: names have been changed to comply with legal requirements.***