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Coulter v Brand [2023] NZFC 2889

Published 15 February 2024

Reserved judgment — child support — departure — unjust and inequitable — Child Support Act 1991 ss 104 & 105 — Re M (child support) (no.2) (1992) 9 FRNZ 693 — EVJ v AJCB [2013] NZCA 100 — Taylor v Oliver (1997) 15 FRNZ 392 — Cockrem v Cockrem FC Palmerston North FP 054463,96 22 August 1997 — Patrick v Boxen 919930 11 FRNZ 32 — Wilcox v Lion (1992) 11 FRNZ 1 — In the marriage of Gyselman (1992) FLC 92-297. The parties were separated with children. The applicant mother had relocated soon after separation, and after a Family Court hearing it was arranged that the respondent father would have day to day care of the children with clearly defined contact arrangements with the mother. In the current proceedings, the applicant sought a departure order to reduce the amount of child support she was obliged to pay on the grounds that she was unable to support herself with the current figure she had to pay; that she incurs high costs in maintaining contact with the children; and that the respondent was under-reporting his income. On the first ground, the Court identified a number of areas in the applicant's weekly expenses where there was unnecessary spending and opportunities to cut costs, such as mowing her own lawns instead of hiring someone to do it, and driving a more fuel efficient car. It was reasoned that her expenses did not amount to special circumstances under the Child Support Act. On the second ground, the Court expressed doubt as to the accuracy of the applicant's claimed travel cost, and this compounded with the fact that there opportunities to cut down on travel costs and the fact that it was the applicant's choice to move so far from her children, led the court to reject this claim. On the third ground, the Court found that there was no evidence to suggest that the respondent was under-reporting his income. The applicant's claim was dismissed. The respondent offered to accept a $1,000 monthly payment instead of the assessed $1,229.40, and the Court made an order to this effect. Judgment Date: 30 March 2023. * * * Note: names have been changed to comply with legal requirements. * * *