This insight focuses on the grounds for awarding final maintenance orders in New Zealand. Interim maintenance is covered in a separate insight. What are final maintenance orders? Final maintenance orders require one partner to provide financial support to the other if certain qualifying grounds are met. These orders can be made: During a marriage or […]
When parents separate, child support becomes a significant issue that needs to be addressed. This insight explains how the Inland Revenue Department (IRD) determines child support obligations between separated parents in New Zealand. It covers key topics, including child support agreements, formula assessments, and the enforcement of child support. Which children are covered under the
The case of Beric v Chaplain brings into focus an important legal question: can spousal maintenance be awarded against a deceased person’s estate? This issue affects surviving partners who may find themselves struggling financially after the loss of their partner, particularly when the deceased partner had significant wealth or property. This article explores the Beric
Who can make a section 182 claim? Only partners who are married or in a civil union can file claims under section 182 – de facto partners are not eligible to apply. You must have legally dissolved your marriage or civil union, which can usually occur only two years after separation. Section 182 claims need
What is a protection order? A protection order is issued to protect individuals from family violence. You can apply to the Family Court for one if you have experienced or are at risk of family violence from a family member, partner, or ex-partner. Once granted, a protection order requires the respondent (the person the order
Protection Orders in Family Violence Cases: What You Need to Know Read More »
What is interim maintenance? Interim maintenance refers to temporary financial support paid by the higher-income earning partner to the lower-income earning partner after separation. Its purpose is to help meet the reasonable financial needs of the lower-income partner while the court decides on a final maintenance order. Unlike child support, which is paid between parents
Interim Maintenance Explained: How to Apply, Key Considerations, and Case Examples Read More »
In New Zealand, the Inland Revenue Department (IRD) handles child support assessments, and understanding how to challenge IRD’s decisions is crucial for parents who feel that the assessment does not accurately reflect their situation. This insight provides an overview of the options available, to challenge IRD’s child support assessment including lodging an objection or applying
How to Challenge IRD Child Support Decisions in New Zealand: A Practical Guide Read More »
When it comes to spousal maintenance cases, one of the most crucial factors in determining the amount of support required is the concept of “reasonable needs.” This insight explores what constitutes “reasonable needs,” provides key case examples, and offers practical advice on how to prepare and review a budget in maintenance disputes. What are reasonable
How to Assess “Reasonable Needs” in Spousal Maintenance Cases: A Detailed Guide Read More »
What are the main types of Care of Children Act 2004 (COCA) applications? Under the COCA, you can apply for parenting orders, which set out who will have day-to-day care and how often the children will see their parents or whānau. You can also apply for guardianship orders, which appoint someone to be consulted and
In New Zealand, Family Court Associates play a key role in the family law system. Introduced under the Family Court (Family Court Associates) Legislation Act 2023, these judicial officers are designed to reduce the workload of Family Court Judges. By handling less complex cases and administrative tasks, Family Court Associates help speed up family law
Family Court Associates: Their Role and Powers in the Family Court System Read More »
