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Family Proceedings Act 1980
Maintenance of spouses and de facto partners
Maintenance of spouses and de facto partners
67: Application by either spouse or civil union partner for maintenance during marriage or civil union

1Short Title and commencement 2Interpretation 2ATransitional, savings, and related provisions 3Act to bind the Crown

Part 1:
Administration

4Jurisdiction of courts 5Marriage or civil union guidance or counselling organisations 6Maintenance officers 7Functions of maintenance officers

Part 2:
Dispute resolution

7ADefinition of marriage 8Duty of legal advisers to promote reconciliation and conciliation

Counselling

9Requests for counselling 10Counselling where proceedings commenced 11Reference to counsellor 12Duty on counsellors 12ANumber of sessions of counselling 12BCounselling fees and expenses

Mediation conferences

13Mediation conference 14Procedure at mediation conference 15Power of chairperson to make consent orders 16Proceedings after mediation conference 17Power to require attendance for counselling or mediation 18Privilege 19Duty of courts as to reconciliation and conciliation 19ACircumstances where joint counselling not to be required

Part 3:
Separation

20Application for separation order 21Power of Family Court to make separation order 22Grounds for separation order 23Effect of separation order 24Discharge of separation order on resumption of cohabitation 25Discharge of separation order by court 26Effect of separation order on property rights

Part 4:
Proceedings relating to the status of marriage or civil union

Part 5:
Children

Welfare of children

45Arrangements for welfare of children on dissolution 46Reports as to children

Determination of paternity

47Applications for paternity orders 48Jurisdiction to establish paternity 49Time limit on applications for paternity orders 50Power of Family Court to make paternity orders 51Paternity orders 52Evidence of mother 53False statement in application for paternity order

Parentage tests in civil proceedings

54Parentage tests 55Contents of report 56Right of examination 57Refusal of parentage tests 58Costs of parentage tests 59Offences relating to parentage tests

Part 6:
Maintenance of spouses and de facto partners

60Interpretation 61Application of principles 62Domestic benefit irrelevant

Maintenance of spouses and de facto partners

63Maintenance during marriage or civil union 64Maintenance after marriage or civil union dissolved or de facto relationship ends 64ASpouses, civil union partners, or de facto partners must assume responsibility for own needs within reasonable time 65Assessment of maintenance payable to spouse, civil union partner, or de facto partner 66Relevance of conduct to maintenance of spouses, civil union partners, or de facto partners 67Application by either spouse or civil union partner for maintenance during marriage or civil union 68Power of Family Court to make maintenance order in favour of either spouse or civil union partner 69Maintenance order in favour of either spouse or civil union partner 70Order for maintenance after marriage or civil union dissolved or de facto relationship ends 70AEffect of entering into new marriage or civil union or de facto relationship 70BRestriction on maintenance orders in favour of de facto partners 71Time limit for applying for order against estate of deceased party

Maintenance of children

72Maintenance of children 73Limitations on liability as father 74Applications for maintenance orders in respect of children 75Power of Family Court to make maintenance orders in respect of children 76Maintenance orders in respect of children 77Contributions by other parent

Other orders related to maintenance of children

Interim maintenance

82Interim maintenance

Registration of maintenance agreements

83Registration of maintenance agreements 84Effect of registration 85Maintenance agreements to bind parties 86Registered agreement to operate as bar to order 87Enforcement of agreement in respect of child over 16 88Enforcement against estate of deceased person 89Recovery of arrears on cessation of agreement 90Setting aside and cancelling of registration

Miscellaneous provisions as to maintenance

91Reports as to maintenance 92Discretion of court as to orders 93Person to whom money payable under maintenance order 93ACopy of order to be sent to Commissioner of Inland Revenue 94Dissolution not to affect maintenance order 95Maintenance where order refused 96Maintenance order in favour of mentally disordered person 97Security for maintenance 98Apportionment of maintenance payments 99Discharge, variation, and suspension of maintenance orders 100Restriction on payment of maintenance in advance

Part 7:
Enforcement of maintenance orders from 1 July 1992

101Orders enforceable under Child Support Act 1991 101ADeductions from benefits 101BPower to issue deduction notices under Social Security Act 2018 102Bankruptcy 103Warrant of distress 104Deductions from wages for payment of maintenance

Attachment orders

105Attachment orders 106Attachment order to be served on employer 107Effect of attachment orders 108Liability of employer 109Variation, suspension, and discharge of attachment orders

Deduction notices

110Deduction notices 111Effect of deduction notices 111APower to issue deduction notices for arrears where maintenance order or agreement discharged or cancelled 112Liability of employer 113Protected earnings 114Variation or discharge of deduction notice

General provisions relating to attachment orders and deduction notices

115Transaction fee 116Wrongful treatment of employee 117Extent to which attachment orders and administrative notices bind the Crown

Charging orders

118Charging orders 119Charging orders on life insurance policies 120Extent to which charging orders bind the Crown

Receiving orders

121Receiving orders 122Powers and duties of receiver

Miscellaneous provisions as to enforcement of maintenance orders

123Order for enforcement of arrears under maintenance order 124Default under maintenance order 125Evidence of default 126Power to summon witnesses 127Execution of warrants 128Conduct of examination 129Orders by court 130Contempt procedures 131Application of Offenders Legal Aid Act 1954 132Warrant of commitment 133Respondent in prison or undergoing periodic detention to be discharged on payment 134Arrest of respondent

Part 8:
Overseas maintenance

Enforcement in New Zealand of orders made in Commonwealth or designated countries

135Designation of countries 136Registration of orders made in Commonwealth or designated countries 137Setting aside of registration of order 138Confirmation of provisional orders made in Commonwealth or designated countries 139Confirmation of provisional orders affecting New Zealand maintenance orders 139AVariation overseas of maintenance agreements registered in New Zealand 140Rehearings and appeals in respect of confirmation of order 141Effect of registration or confirmation of order made in Commonwealth or designated country

Discharge or variation of overseas maintenance order

142Discharge or variation of registered or confirmed order 142ADefinition of child maintenance order 142BDischarge, variation, etc, of child maintenance order 142CConditions relating to variation of child maintenance order 142DPayment of arrears on child maintenance orders 142EProvisional order discharging, etc, child maintenance order 142FCopies of orders to be forwarded to Commissioner

Steps to be taken if respondent not residing in New Zealand

143Steps to be taken by Secretary if respondent not residing in New Zealand

Applications from persons in Convention countries

144Certificate by Secretary of Foreign Affairs and Trade 145Applications for maintenance by applicants residing in Convention countries 145ATreatment of applications for maintenance by applicants residing in Convention countries

Maintenance of children in respect of applications from persons in Convention countries

145BInterpretation 145CMaintenance of children 145DLimitations on liability as father 145EApplications for maintenance orders in respect of children 145FPower of court to make maintenance orders in respect of children 145GMaintenance orders in respect of children 145HContributions by other parent 145IInterim maintenance

Procedure on applications from persons in Convention countries

145JProcedures relating to applications from persons in Convention countries 146Provisions where service not effected

Applications for child maintenance in respect of persons residing overseas

146AApplication for maintenance of child in respect of person resident outside New Zealand

Enforcement of New Zealand orders overseas

147Provisional orders for confirmation overseas 148Effect in New Zealand of confirmation overseas of provisional order

Transmission of applications to Convention countries

149Transmission of applications by New Zealand residents to Convention countries

Miscellaneous provisions as to overseas maintenance

150Taking of evidence 151Proof of documents 152Depositions to be evidence 153Conversion of currency 154Certificate of Registrar

Part 9:
Procedure

155Applications by agents 156Service on disabled person 157Proceedings where respondent is absent from New Zealand or cannot be found 158Proceedings by or against minors 159Conduct of proceedings 160Applications may be heard together 161Intervention 162Appointment of lawyer to represent child in proceedings 162AAppointment of lawyer to assist court 162BFees and expenses of lawyer appointed under section 162 or 162A 162COrder requiring reimbursement of costs payments 162DEnforcement of orders made under section 162C 163Vexatious proceedings 164Evidence 165Power of District Court or Family Court to call witnesses 166Proof of certain matters 167Standard of proof 168Claim by respondent for relief 169Publication of reports of proceedings 170Orders by consent 171Costs 172Dismissal of application in District Court or Family Court no bar to further proceedings 173Rehearings

Part 10:
Appeals

174Appeals from decisions of District Court and Family Court 175Appeals from decisions of High Court

Part 11:
Miscellaneous provisions

176Non-molestation orders 177Interim non-molestation orders 178Orders in respect of matrimonial homes and tenancies 179Orders in respect of matrimonial homes and tenancies where parties living apart 180Recovery of money from estate of deceased party 181Incidence of maintenance due by estate of deceased party 182Court may make orders as to settled property, etc 183Dispositions may be restrained 184Dispositions may be set aside 185Separation agreements by persons of unsound mind 186Court fees 187Regulations 188Rules of procedure 189Amendments to other enactments, and repeals 190Related amendments to Domestic Actions Act 1975 191Savings 192Transitional provisions 193Transitional provision for counselling or mediation arranged before commencement of Family Proceedings Amendment Act (No 2) 2013 194Transitional provision for proceedings commenced before commencement of Family Proceedings Amendment Act (No 2) 2013

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Enactments amended

Schedule 2:
Enactments repealed

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Part 6Maintenance of spouses and de facto partners
Maintenance of spouses and de facto partners

67Application by either spouse or civil union partner for maintenance during marriage or civil union

Either party to a marriage or civil union may make an application for a maintenance order against the other party to the marriage or civil union on the ground that the respondent is liable to maintain the applicant.

Notes

Section 67 heading: amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).
Section 67 heading: amended, on 26 April 2005, by section 44(2) of the Civil Union Act 2004 (2004 No 102).
Section 67: amended, on 26 April 2005, by section 44(1) of the Civil Union Act 2004 (2004 No 102).

We haven’t prepared a plain language version of this yet

Part 6Maintenance of spouses and de facto partnersMaintenance of spouses and de facto partners

67Application by either spouse or civil union partner for maintenance during marriage or civil union

Part 6Maintenance of spouses and de facto partners
Maintenance of spouses and de facto partners