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Family Proceedings Act 1980

Maintenance of spouses and de facto partners - Other orders related to maintenance of children

78: Related orders

You could also call this:

"Orders about paying for a child's expenses, like funeral costs or pregnancy care"

Illustration for Family Proceedings Act 1980

If a paternity order is made, the Family Court can order the father to pay for the child's funeral expenses if the child has died. The Family Court can also order the father to pay the mother for expenses related to the pregnancy and birth of the child. You can make this application even if the child has not been born yet. The Family Court can make this order instead of, or in addition to, a maintenance order for the child. This order can be made whether or not the child has been born, or if the child has already died. You must make this application within 12 months of the child's birth, or within 12 months of a miscarriage. If a paternity order has not been made, the mother can still apply to the Family Court for an order against a man who is not her husband or civil union partner. The Family Court can make an order if they are satisfied that the man is the father of the child, according to section 7(1) of the Child Support Act 1991. The Family Court will decide how much the father must pay and how he must pay it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40865.

Topics:
Family and relationships > Children and parentingMoney and consumer rights > Support and maintenance
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Part 6Maintenance of spouses and de facto partners
Other orders related to maintenance of children

78Related orders

  1. On or at any time after making a paternity order in respect of a child that has already been born, the Family Court may, if the child is dead, order the respondent to pay such sum as the court specifies, in such manner as the court specifies, in respect of the funeral expenses of the child.

  2. Subject to subsection (4) the Family Court may, on or at any time after making a paternity order in respect of a child, make an order for the payment to the mother of such sum as the court specifies, in such manner as the court specifies, in respect of expenses reasonably incurred by her by reason of the pregnancy and the birth of the child and towards her support during the pregnancy and for such period after the pregnancy (not exceeding 1 month) as the court specifies.

  3. An order may be made under subsection (2)—

  4. instead of or in addition to any maintenance order in respect of the child made pursuant to an application under section 74; and
    1. whether or not the child has already been born; and
      1. where the child has already been born, whether or not the child is living.

        1. No application may be made under subsection (2) after the expiration of 12 months—

        2. from the birth of the child; or
          1. where the mother has miscarried, from the date of the miscarriage.

            1. Notwithstanding that a paternity order has not been made by the Family Court in respect of a child, an application for any order under subsection (1) or subsection (2) may be made by the mother of that child against a male person who—

            2. is not married to, or in a civil union with, the mother; and
              1. has never been married to, or in a civil union with, the mother or (if he has been married to, or in a civil union with, the mother) whose marriage or civil union was dissolved before the conception of the child.

                1. On hearing an application under subsection (5), the Family Court may, where it is satisfied that the respondent is a person to whom any of paragraphs (a), (d), (e), or (i) of section 7(1) of the Child Support Act 1991 applies, make any order specified under subsection (1) or subsection (2) of this section against the respondent.

                Notes
                • Section 78(1): replaced, on , by section 11(1) of the Family Proceedings Amendment Act 1991 (1991 No 144).
                • Section 78(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 78(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 78(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 78(5)(a): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                • Section 78(5)(b): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).
                • Section 78(5)(b): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
                • Section 78(6): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 78(6): amended, on , by section 11(2) of the Family Proceedings Amendment Act 1991 (1991 No 144).