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Family Proceedings Act 1980

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

79: Application for maintenance order against natural parent

You could also call this:

"Asking for child support from a parent who doesn't live with you"

Illustration for Family Proceedings Act 1980

You can apply for a maintenance order if you are a natural parent and you have or have had the role of providing day-to-day care for your child. This can happen when the natural parents of a child are not married to, or in a civil union with, each other. You can apply for a maintenance order against the other natural parent, as long as the other parent is someone from whom the payment of child support may be sought under section 6 of the Child Support Act 1991.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40870.

Topics:
Family and relationships > Children and parentingMoney and consumer rights > Support and maintenance
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78: Related orders, or

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

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80: Power of Family Court to make maintenance orders against natural parent, or

"The Family Court can order a parent to pay maintenance for their child."

Part 6Maintenance of spouses and de facto partners
Other orders related to maintenance of children

79Application for maintenance order against natural parent

  1. Where—

  2. the natural parents of a child are not married to, or in a civil union with, each other; and
    1. the natural father of the child is a person who is a parent from whom the payment of child support may be sought in respect of the child under section 6 of the Child Support Act 1991; and
      1. either natural parent has or has had the role of providing day-to-day care for the child,—
          1. the natural parent who has or has had the role of providing day-to-day care of the child may apply for a maintenance order in favour of that natural parent against the other natural parent.

        Notes
        • Section 79 heading: amended, on , by section 10 of the Family Proceedings Amendment Act 2001 (2001 No 7).
        • Section 79: amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).
        • Section 79(a): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
        • Section 79(b): replaced, on , by section 12 of the Family Proceedings Amendment Act 1991 (1991 No 144).
        • Section 79(c): amended, on , by section 151 of the Care of Children Act 2004 (2004 No 90).