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Family Proceedings Act 1980

Overseas maintenance - Maintenance of children in respect of applications from persons in Convention countries

145C: Maintenance of children

You could also call this:

"Looking after your child's needs until they are 16 or 18 years old"

Illustration for Family Proceedings Act 1980

You have to help look after your child. You do this until your child is 16 years old. The court can say you have to help until your child is 18 years old if that is best for your child. The court looks at what your child needs when deciding how much you have to pay. They think about how your child is being educated and what you expect for your child's education. The court also thinks about you and your child's other parent. They consider what you can earn, what you need, and if you are looking after anyone else. They think about how much each parent helps with caring for your child. If someone who is not a parent is looking after your child, the court considers how much they have helped and for how long.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41470.

Topics:
Family and relationships > Children and parenting
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Part 8Overseas maintenance
Maintenance of children in respect of applications from persons in Convention countries

145CMaintenance of children

  1. Each parent of a child is liable to maintain the child—

  2. until the child attains the age of 16 years; and
    1. where it appears to the court to be in the best interests of a child who has attained or will shortly attain the age of 16 years, until the child attains the age of 18 years or such earlier age as the court directs; and
      1. where it appears to the court that the child is or will be engaged, after attaining the age of 16 years, in a course of full-time education or training and it is expedient that the child should continue to be maintained, until the child attains the age of 20 years or such earlier age as the court directs.

        1. In determining the amount that is payable by a parent for the maintenance of a child, the court shall have regard to all relevant circumstances affecting the welfare of the child, including—

        2. the reasonable needs of the child; and
          1. the manner in which the child is being educated or trained, and the expectations of each parent as to the child's education or training.

            1. In determining the amount that is payable by a parent for the maintenance of a child, the court shall also have regard to the following circumstances:

            2. the means, including the potential earning capacity, of each parent:
              1. the reasonable needs of each parent:
                1. the fact that either parent is supporting any other person:
                  1. the contribution (whether in the form of oversight, services, money payments, or otherwise) of either parent in respect of the care of that or any other child of the marriage or civil union:
                    1. the financial and other responsibilities of each parent:
                      1. where the person against whom the order is sought is not a natural or adoptive parent of the child—
                        1. the extent (if at all) to which that person has assumed responsibility for the maintenance of the child, the basis on which that person has assumed that responsibility, and the length of time during which that person has discharged that responsibility; and
                          1. whether that person assumed or discharged any responsibility for the maintenance of the child knowing that that person was not a natural parent of the child; and
                            1. the liability of any other person to maintain the child:
                            2. any property and income of the child:
                              1. where the child has attained the age of 16 years, any earning capacity of the child.

                                Notes
                                • Section 145C: inserted, on , by section 21 of the Family Proceedings Amendment Act 1991 (1991 No 144).
                                • Section 145C(3)(d): amended, on , by section 44(1) of the Civil Union Act 2004 (2004 No 102).