Family Proceedings Act 1980

Maintenance of spouses and de facto partners - Interim maintenance

82: Interim maintenance

You could also call this:

"Temporary money help while waiting for a final decision"

Illustration for Family Proceedings Act 1980

If you apply for a maintenance order, a District Court Judge can make an order for the other person to pay money towards your maintenance. This order is temporary and lasts until the final decision is made or it is stopped. The order can be changed, stopped, or enforced like a final order of the Family Court. You can get this temporary order if you are the spouse, civil union partner, or de facto partner of the other person. The District Court Judge decides how much money is paid and for how long. The order cannot last more than 6 months after it is made. The temporary order can be varied, suspended, discharged, or enforced in the same manner as if it were a final order of the Family Court. You should look at the Family Court for more information on how this works. The order is made by a District Court Judge and is subject to the rules of the Family Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40883.


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Part 6Maintenance of spouses and de facto partners
Interim maintenance

82Interim maintenance

  1. Where an application for a maintenance order or for the variation, extension, suspension, or discharge of a maintenance order has been filed, any District Court Judge may make an order directing the respondent to pay such periodical sum as the District Court Judge thinks reasonable towards the future maintenance of the respondent's spouse, civil union partner, or de facto partner until the final determination of the proceedings or until the order sooner ceases to be in force.

  2. Repealed
  3. Repealed
  4. No order made under this section shall continue in force for more than 6 months after the date on which it is made.

  5. An order made under this section may be varied, suspended, discharged, or enforced in the same manner as if it were a final order of the Family Court.

Notes
  • Section 82(1): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
  • Section 82(1): amended, on , by section 13 of the Family Proceedings Amendment Act 2001 (2001 No 7).
  • Section 82(1): amended, on , by section 13 of the Family Proceedings Amendment Act 1991 (1991 No 144).
  • Section 82(2): repealed, on , by section 2 of the Family Proceedings Amendment Act 1983 (1983 No 73).
  • Section 82(3): repealed, on , by section 2 of the Family Proceedings Amendment Act 1983 (1983 No 73).
  • Section 82(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).