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Family Proceedings Act 1980

Overseas maintenance - Discharge or variation of overseas maintenance order

142C: Conditions relating to variation of child maintenance order

You could also call this:

"Changing a Child Maintenance Order from Another Country"

Illustration for Family Proceedings Act 1980

You can ask to change a child maintenance order made outside New Zealand. The court treats it as if the order was made in New Zealand on the same date. You can also ask to increase the amount of money paid, and the court can make this change start from an earlier date. If the court decides to increase the amount, it can start from when the reason for the change happened. The court chooses when the change starts, but it cannot be before the reason for the change occurred. The change is made by a court order.

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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=DLM41443.

Topics:
Family and relationships > Children and parentingMoney and consumer rights > Support and maintenance
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142B: Discharge, variation, etc, of child maintenance order, or

"Changing a Child Maintenance Order"

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142D: Payment of arrears on child maintenance orders, or

"Getting money owed for child maintenance even if the order stops"

Part 8Overseas maintenance
Discharge or variation of overseas maintenance order

142CConditions relating to variation of child maintenance order

  1. An application for a variation of a child maintenance order must be dealt with as if the maintenance order had been made in New Zealand on the date when it was made outside New Zealand.

  2. An order varying a child maintenance order by increasing the amount payable under it may, if the court thinks fit, take effect from a date that is earlier than the date of the order of variation, but must not be earlier than the date on which the grounds for the variation arose.

Notes
  • Section 142C: inserted, on , by section 6 of the Family Proceedings Amendment Act 2000 (2000 No 66).