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Family Proceedings Act 1980

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

100: Restriction on payment of maintenance in advance

You could also call this:

"Paying maintenance: you can't pay more than a year ahead without court approval"

Illustration for Family Proceedings Act 1980

You cannot pay more than 12 months of maintenance in advance, unless the court says you can. If you pay more than 12 months in advance without the court's approval, that payment will not be considered when the court is deciding whether you obeyed the maintenance order. The court can also decide that you can take action to enforce the order as if the extra payment was never made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41231.

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Part 6Maintenance of spouses and de facto partners
Miscellaneous provisions as to maintenance

100Restriction on payment of maintenance in advance

  1. No money payable under a maintenance order shall be paid more than 12 months in advance of the due date for payment, except with the prior approval of the court by which the order was made.

  2. Where any money is paid in breach of this section, unless the court otherwise decides,—

  3. it shall not be taken into account in any proceedings for the enforcement of the maintenance order or for the punishment of any disobedience to the order; and
    1. those proceedings may be taken in the same manner as if that money had not been paid.

      1. An approval under subsection (1) or a decision under subsection (2) may be given subject to such conditions as the court thinks fit.

      2. Money paid in breach of this section shall be recoverable as a debt owing to the person who paid it, unless it has been received by the person who is entitled to receive it under the maintenance order.

      3. Repealed
      Notes
      • Section 100(5): repealed, on , by section 18 of the Family Proceedings Amendment Act 1991 (1991 No 144).