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Family Proceedings Act 1980

Overseas maintenance - Discharge or variation of overseas maintenance order

142B: Discharge, variation, etc, of child maintenance order

You could also call this:

"Changing a Child Maintenance Order"

Illustration for Family Proceedings Act 1980

You can ask the District Court to change a child maintenance order. The court can make different types of orders, such as discharging or varying the order. The court can also suspend the order or remit arrears. You can ask the court to make an order even if the original order was agreed to by both parties. If you make an application, you must give notice to the people the court tells you to. The court may ask the Commissioner of Inland Revenue for a report on the financial implications of the application under the Child Support Act 1991. The court can remit the case to another court if it needs to gather more evidence. This section is subject to section 142E.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41441.

Topics:
Family and relationships > Children and parenting
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142A: Definition of child maintenance order, or

"What is a child maintenance order?"

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142C: Conditions relating to variation of child maintenance order, or

"Changing a Child Maintenance Order from Another Country"

Part 8Overseas maintenance
Discharge or variation of overseas maintenance order

142BDischarge, variation, etc, of child maintenance order

  1. The District Court may, at any time, on the application of any person, make any of the following orders:

  2. an order discharging a child maintenance order:
    1. an order varying a child maintenance order:
      1. an order suspending the operation of a child maintenance order for the purposes of New Zealand law:
        1. an order remitting or suspending arrears due under a child maintenance order for the purposes of New Zealand law:
          1. an order varying or extending an order for the giving of security for the payment of maintenance (whether by altering the term of the order, or the nature of any security, or by increasing or diminishing the amount of any security, or otherwise):
            1. an order discharging an order for the giving of security for the payment of maintenance.

              1. The court may make an order under this section even if the child maintenance order to which the order relates was made by consent of the parties.

              2. If an application is made under this section, notice of the application must be given to any person or persons that the court directs.

              3. If an application is made under this section,—

              4. the court may, if it thinks fit, require the Commissioner of Inland Revenue to provide it with a report on the relevant financial implications of the application for the position of any person under the Child Support Act 1991; and
                1. the Commissioner must provide that report to the court within any period that the court directs.

                  1. If it appears to the court to be necessary, for the purpose of taking further evidence, to remit the case to the court that made the child maintenance order, the court may remit the case and adjourn the proceedings for that purpose.

                  2. This section is subject to section 142E.

                  Notes
                  • Section 142B: inserted, on , by section 6 of the Family Proceedings Amendment Act 2000 (2000 No 66).
                  • Section 142B(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                  • Section 142B(6): inserted, on , by section 22 of the Family Proceedings Amendment Act 2008 (2008 No 79).