Rothman v Rothman [2020] NZFC 281

Published 17 May 2022

Interim spousal maintenance — reasonable needs — ability to pay — inflated budget — costs of children — child support — Family Proceedings Act 1980, s 82 — Ropiha v Ropiha [1979] 2 NZLR 245 — Hodson v Hodson [2012] NZFLR 252 — B v B [2008] NZFLR 789 — C v G [2010] NZCA 128. The applicant sought interim spousal maintenance from the respondent after their relationship of 23 years ended. The applicant cared for and home schooled two of the parties' children. She sought maintenance of $8810 per month for the next six months as well as a lump sum payment of $25,000 for legal costs. The Judge declined to make an order for legal costs as the applicant had her own means of meeting those costs including a $1 million payment from the relationship property pool and interest from investments. The Judge believed the applicant's budget was inflated and unreasonable and reduced the amount to $2000 per month, believing this balanced the shortfall the applicant had in meeting her own reasonable needs and the respondent's ability to pay. Judgment Date: 3 February 2020. * * * Note: names have been changed to comply with legal requirements. * * *