Hall v Hall [2020] NZFC 8896

Published 24 February 2021

Application to confirm overseas order — child maintenance — variation — ability to pay — impact of COVID-19 — quarantine — MIQ — Family Proceedings Act 1980, s 138 — AL v RMB [2013] NZFC 1037 — Caldwell v Jacobsen [2013] NZFC 5226. This was an application to confirm an overseas child maintenance order. The applicant mother lived in the UK with the parties' two children and the respondent father lived in New Zealand. The UK court had ordered that the father pay £66 per week. Pursuant to s 138 of the Family Proceedings Act a New Zealand court could confirm the order as is or exercise its discretion to vary the order. The respondent had been trying to establish a new business, and bank documents showed that he was in quite a difficult financial situation but had paid a total of $5,000. The Judge considered that the circumstances justified an exercise of discretion to vary the order to a sum that the respondent would have the ability to pay. The Judge confirmed the order and varied the amount to $260 per month, deferring arrears of $2,620 for a year. Judgment Date: 9 October 2020. * * * Note: names have been changed to comply with legal requirements. * * *