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O'Connor v Lyons [2021] NZFC 5043

Published 07 December 2022

Child maintenance orders — child support — Family Proceedings Act 1980, ss 144, 145 145C, 145G & 146 — United Nations Convention for the Recovery of Maintenance Abroad — Coleman v Mathers (1999) 19 FRNZ 288 — PB v CJR [Overseas maintenance order] [2011] NZFLR 592. The applicant sought an order under s 145G of the Family Proceedings Act (the Act) for the enforcement of child maintenance. Though she resided overseas, she had the ability to apply to a New Zealand Family Court for child maintenance as both countries are signatories to the United Nations Convention for the Recovery of Maintenance Abroad. The applicant had followed the correct procedures to apply for maintenance, and the respondent had failed to respond. The Judge held that a maintenance order should be made, as the respondent father had an obligation to support the child's "reasonable needs". Taking into account the factors laid out in s 145C of the Act, the Court assessed the amount payable by way of a maintenance order, splitting the calculation into two distinct periods; the time from the child's birth until the Court's decision, and from the date of the decision forwards. No information was known with regard to the respondent's income or assets, and the Court assessed the applicant's proposed maintenance amount as reasonable. The Judge ordered a lump sum payment of $15,197 for the past maintenance, payable within three months, and future maintenance payments of €50 (NZ equivalent) per week until the child turned 16 years old. Judgment Date: 3 June 2021.* * * Note: names have been changed to comply with legal requirements. * * *