Fouche v Pietersen  NZFC 7317
Published 07 December 2020
Child maintenance — confirmation order — ability to pay — arrears — Family Proceedings Act 1980, s 138.
The applicant mother sought a confirmation order for child maintenance ordered to be paid by the respondent father in a South African court. The father accepted
he had a basic liability to pay child support but disputed the amount. In the order he was to pay NZ$899 per month but he submitted he could only afford to pay
The Judge assessed the father's income and expenses. The Judge found he had overstated his expenses and possibly made the wrong financial decision in
purchasing a vehicle that cost $800 per month to pay off. His income was varied due to overtime and travel which made determining an exact figure difficult.
A reduction in the amount owed was warranted, but not to the extent suggested by the father. An amount of $640 was adopted to cater to father's reasonable
ability to pay and to account for the variation in the father's income and expenses. $160 was also to be paid monthly on account of the arrears. Judgment Date: 5 September 2019. * * * Note: names have been changed to comply with legal requirements. * * *