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Family Proceedings Act 1980

Maintenance of spouses and de facto partners - Miscellaneous provisions as to maintenance

95: Maintenance where order refused

You could also call this:

"Asking for maintenance even if the court says no to your main request"

Illustration for Family Proceedings Act 1980

You can ask the court for maintenance even if they refuse your main application. The court can make an order if they think you applied in good faith and you won't live with the other person again. You usually need to ask for this order at the same time as your main application. You can ask the court to change or end an existing order. The court will only make a new order if they heard your application at the same time as your main one. This is according to section 37 of the Family Proceedings Act 1980.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41224.

Topics:
Family and relationships > Children and parentingFamily and relationships > Marriage and partnerships
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Part 6Maintenance of spouses and de facto partners
Miscellaneous provisions as to maintenance

95Maintenance where order refused

  1. Where an application under section 37 (in this section referred to as the principal relief) has been dismissed after a hearing on the merits, and the court is satisfied that the proceedings for the principal relief were instituted in good faith and that there is no reasonable likelihood of cohabitation being resumed between the parties, the court may make any order under this Part.

  2. The court shall not make an order under subsection (1), other than an order varying, extending, or discharging any such order, unless it has heard the application for the order at the same time as or immediately after the application for the principal relief.