Members Area
    
 
   

FAMILY LAW

Spousal Maintenance

 Select Topic
 
 Related Topics
Feedback/Reviews/Blogs


This site deals with the maintenance of a partner, or by a partner, following the break up of a marriage or de facto relationship.

Sometimes this topic is called Spousal Maintenance so we have duplicated this site under that heading as well. 

We will give you full details of the principles of law involved.

We will provide you with clear examples of the documents needed to make the Application to the Family Court.

All of this information is designed to save you money.

It is a quite separate topic from the maintenance of children.

For the maintenance of children visit our Index Site entitled - Child Support  There is a special regime for child maintenance under the Child Support Act.

You have direct and immediate access to Related Topics in the boxes at the top and the bottom of this page.

The Act which deals with spousal or partner maintenance is the Family Proceedings Act 1980 and, in particular, sections 60 - 71 

We provide you with a direct link but perhaps you should read oursite first.

We also provide you with a direct link to the Government legislation site where you can look up ALL Acts of Parliament and Regulations and Rules. An Act is also known as a Statute. A Regulation is also sometimes known as a Rule. This Government legislation site is still going through some teething problems. But you will

.....The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!


Feedback/Reviews/Blogs
Feedback / Reviews / Blogs on this topic
25-Nov-07
"My wife is claiming spousal maintenace. She lives in the family home and is a qualified secondary school teacher with a degree. We dont have dependent children. Do you think she is entitled to maintenance?

Netlaw replies: No. She would not get spousal maintenance UNLESS she was unable to work because of some illness. IF you had supported her during the relationship, and she did not work even though qualified, she can argue that you should continue to support her now, but that argument would be unlikely to succeed."

Feedback/Blogs/Reviews from related topic: Benefit Fraud
"Can a woman aged 54 with a 16 year old child who is neither attending school or any other form of education/training continue to claim the DPB and child support indefinitely or should the child be on a separate independant benefit? and what if the child does not claim a benefit, does this justify the mothers ongoing DPB claim? - Jenny

Netlaw replies - Yes . . . . You go on to what is called a "Woman Alone" Benefit designed to allow the single parent to continue to be supported when the kids become independent. You need to discuss your circumstances with WINZ. The child may be entitled to an Independent Youth benefit, but they are not automatic. Special circumstances need to apply. Play around on the WINZ Website. Just type winz website into Google or your internet explorer.

Here is a quote from the WINZ Website. -

"To get a Domestic Purposes Benefit you'll need to be a sole parent, or a caregiver of someone sick or infirm, or a woman alone of 50 years of age or older. You must:

be a New Zealand citizen or permanent resident
have lived in New Zealand continuously for two years or more at any one time since becoming a New Zealand citizen or permanent resident (except refugees with permanent residence)
normally live in New Zealand".

Cheers . . . Netlaw



"

Feedback/Blogs/Reviews from related topic: Benefit Fraud
"Up to date. Great. the IRD Child Support site is so hard to follow. You need a computer degree. You tell it like it is. (One pissed off father)

"

"Bloody fantastic coverage. Easy to understand and work out. Mike R - Auckland Central"
"Please advise - My partner pays his ex-wife child support every week. (The amount was agreed via a settlement agreement nutted out between lawyers at mediation.) Is this child support still payable on weeks when we have the children? (in school holidays we have the children for half of the time). It seems unfair for his ex-wife to be getting paid child support when we are supporting the children.
Netlaw replies - The access you enjoy in the holidays must be averaged out over the whole year. It does not apply on a weekly basis. That sounds unfair but that is the way it has been interpreted. "

Feedback/Blogs/Reviews from related topic: Benefit Fraud
"I did my dissolution from all your documents and tips. JGH - Auckland - June 2007"
"Hi, great site! I need a bit more help. I need to serve dissolution papers on my ex-husband. However, he cannot be found. I can apply to the court to have them served on his mum instead using the form interlocutory application without notice AND filling in a general Affidavit form. I can't find any help for this on this pages. Also, do I put that my application for one party is made with or without notice? (first page).

Netlaw replies -You have obviously accessed our Dissolution site. Also access our Family Court Rules topic. Our basic documents are correct but you can double check them by going to the Dissolution topic and clicking on to the Direct Link to the Family Court Website. When that topic opens up, scroll down to FORMS, then on to LIST OF FORMS then on to FORMS UNDER FAMILY PROCEEDINGS ACT then down to Forms 11 and 12. Don't forget you have to add an Information Sheet and we have a topic Information Sheet. So that gets you started. 3 documents there.

Right, then go to our topic Family Court Rules and click on to those Rules through the Direct Link provided. When the Rules come up (a little longer if you are only on dial up) then choose Rule 126 which tells you all about substituted service. You need a simple Application (Without Notice) following the same format as your main Application and you need an Affidavit in Support of Application for Substituted Service. 2 documents. You do not need a second Information sheet.

Take your time. But put in the reasons why you need substituted service. Say where he might be, when you last had contact with him, where his extended family live etc. Cheers . . . . Netlaw

"

Feedback/Blogs/Reviews from related topic: Benefit Fraud
"Dear Netlaw
Our father was in a semi-coma when he got married and died 3-days later. Can this form of marriage be invalidated, (in particular, annulled through not being consummated)? Your expertise will be gratefully received again, thanks.

Netlaw replies: Non consummation is no longer a ground for dissolution but, under section 31 of the Family Proceedings Act 1980, a Family Court can declared void a marriage if there was an absence of true consent at the time of the marriage. If he was in a semi coma, it would be difficult to prove full consent. That could therefore void the marriage."

Feedback/Blogs/Reviews from related topic: Benefit Fraud
"Great to see all the relevant Acts laid out with direct reference to your own topics - Christie - Thames"
Feedback/Blogs/Reviews from related topic: Benefit Fraud
"I did my own documents and got before a Judge and got my own order for protection. I reckon I did it faster then my lawyer last time I need such an order two years ago.
Thank you . . . . Sandie (not my real name)"

"Don't forget, you can do it yourself but if you are ona benefit your lawyer gets paid by legal aid. Annie Y - Auckland"
 Select Topic
 
 Related Topics