Family Proceedings Act 1980

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

145G: Maintenance orders in respect of children

You could also call this:

"Helping pay for a child's care through a court order"

Illustration for Family Proceedings Act 1980

You can apply to the Family Court for a maintenance order to help pay for a child's upkeep. The court can make an order for the child's parent or someone else to pay money to help look after the child. This order can be for a regular amount or a one-off payment. You cannot get a maintenance order if the child is married or in a civil union. If the child is under 16, the order will stop when they turn 16, unless the court says otherwise. If the child is over 16 but under 18, the order will stop when they turn 18, unless the court says otherwise. The court can also make an order for someone to pay for a child's past upkeep. This can happen even if the child is over 16 or 18. The court will decide how much money should be paid and when it should be paid. If you are applying for a maintenance order, you will need to follow the rules set out in section 145E. The court will look at your application and make a decision based on what is best for the child. You can also apply to extend a maintenance order or make a fresh order if you need to.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41481.

Topics:

Family and relationships > Children and parentingMoney and consumer rights > Support and maintenance

145F: Power of court to make maintenance orders in respect of children, or

"Courts can help decide child maintenance payments"

145H: Contributions by other parent, or

"Asking the other parent to help pay for your child"

Part 8Overseas maintenance
Maintenance of children in respect of applications from persons in Convention countries

145GMaintenance orders in respect of children

On hearing an application under section 145A(b), the Family Court may, subject to subsections (2) and (9), make any 1 or more of the following orders:
an order directing the respondent to pay such periodical sum towards the future maintenance of the child as the court thinks fit:
an order directing the respondent to pay such lump sum towards the future maintenance of the child as the court thinks fit:
an order directing the respondent to pay such lump sum towards the past maintenance of the child as the court thinks fit.

The court shall not make an order under this section pursuant to an application made by a person to whom section 145E(b) applies against a spouse or civil union partner of a parent of a child, unless the court is satisfied that—
either—
1. no natural or adoptive parent of the child is alive; or
2. no natural or adoptive parent can be found who is capable of providing proper maintenance for the child; and
the child has at some time lived with the spouse or civil union partner of the child's parent as a member of that person's family.

An order made under subsection (1)(b) or subsection (1)(c) for the payment of a lump sum may provide that the sum shall be payable—
at a future date specified in the order; or
by instalments specified in the order; or
on such terms and conditions as the court thinks fit.

Where an application is made under section 145E against more than 1 parent of a child, an order under this section may be made against the parents in respect of whom the application is made or any 1 or more of them.
No order made under this section for the future maintenance of a child who is under the age of 16 years at the date when the order is made shall have effect after the child attains the age of 16 years, unless the court so directs.
No order made under this section for the future maintenance of a child who is over the age of 16 years but under the age of 18 years at the date when the order is made shall have effect after the child attains the age of 18 years, unless the court so directs.
On the application of any person who is entitled to apply under section 145E for a maintenance order in respect of a child, the court may extend a maintenance order in respect of that child where the child has not attained the age of 16 years or 18 years, as the case may require, at the date on which the application is heard, but may otherwise make a fresh order.
Whether or not the court makes a maintenance order under this section for the future maintenance of a child who has attained the age of 16 years or 18 years, the court may order the respondent to pay, in respect of the past maintenance of the child during the period commencing on the date on which the child attained that age and ending on the date of the making of the order, or such earlier date as is appropriate in the circumstances, such sum at such time or times and in such manner as the court thinks fit.
No order shall be made under this section in respect of a child who is married or in a civil union.
No order made under this section and no extension of an order shall have effect in respect of a child after the child marries or enters into a civil union.

Notes

Section 145G: inserted, on 1 July 1992, by section 21 of the Family Proceedings Amendment Act 1991 (1991 No 144).
Section 145G(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 145G(2): amended, on 26 April 2005, by section 44(2) of the Civil Union Act 2004 (2004 No 102).
Section 145G(2)(b): amended, on 26 April 2005, by section 44(2) of the Civil Union Act 2004 (2004 No 102).
Section 145G(9): amended, on 26 April 2005, by section 44(2) of the Civil Union Act 2004 (2004 No 102).
Section 145G(10): amended, on 26 April 2005, by section 44(2) of the Civil Union Act 2004 (2004 No 102).