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Family Proceedings Act 1980

Overseas maintenance - Discharge or variation of overseas maintenance order

142E: Provisional order discharging, etc, child maintenance order

You could also call this:

"Asking to change a child maintenance order from another country"

Illustration for Family Proceedings Act 1980

You can ask the court to change a child maintenance order made in another country. If the court thinks the new order might be confirmed in the country where it was originally made, it must make a provisional order instead. The provisional order has no effect until it is confirmed by a court in the country where the original order was made. You need to follow the rules in section 147 when making a provisional order. The court sends a statement of the reasons for the provisional order. This is instead of sending a different statement. The court makes a provisional order when it thinks the order can be confirmed in the other country. The provisional order is not final until it is confirmed. You can find more information about this process in the section 142B application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41447.

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Family and relationships > Children and parentingCrime and justice > Courts and legal help
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142D: Payment of arrears on child maintenance orders, or

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

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"Court sends copy of order to Inland Revenue Commissioner"

Part 8Overseas maintenance
Discharge or variation of overseas maintenance order

142EProvisional order discharging, etc, child maintenance order

  1. If it appears to the court, on an application under section 142B, that the order it proposes to make is one that, if made provisionally, may be confirmed under the law of the country in which the child maintenance order was made, the New Zealand court must, instead of making the proposed order, make a provisional order.

  2. Repealed

  3. A provisional order has no effect unless and until it is confirmed by a competent court in the country in which the child maintenance order was originally made.

  4. Subsections (5) to (9) of section 147 apply, except that the court must, instead of sending the statement referred to in subsection (6)(c), send a statement of the grounds on which the provisional order has been made.

Notes
  • Section 142E: inserted, on , by section 6 of the Family Proceedings Amendment Act 2000 (2000 No 66).
  • Section 142E heading: amended, on , by section 23(1) of the Family Proceedings Amendment Act 2008 (2008 No 79).
  • Section 142E(1): amended, on , by section 139(1) of the Courts Matters Act 2018 (2018 No 50).
  • Section 142E(1A): repealed, on , by section 139(2) of the Courts Matters Act 2018 (2018 No 50).