conférence de la haye de droit international privé - HCCH

The provision of maintenance as provided for in Section 54 (6) does not seem applicable only in
respect of a spouse. In Emma Borg v L-Avukat Dr. John Mizzi et noe (5 October 1998) the Court
of Appeal held that the immovable property belonging to the male spouse was to be assigned to
his spouse in order to set off the maintenance obligation due to both his spouse and their
children. The court explicitly claimed that in this decision Section 54 (6) was applied. It follows
that Section 54 (6) applies in fulfilment of a maintenance obligation both in respect of a child
and a spouse.
THE NETHERLANDS
Maintenance granted by a judicial decision consists of periodic payments of money.
NEW ZEALAND
In New Zealand the provision of child support is covered by two Acts of Parliament. The Child
Support Act 1991 covers payment of child support within NZ (and Australia) and is based on
an administrative formula assessment regime. It assesses the minimum level of financial
support payable by certain parents in respect of their children and provides for the collection
and payment of child support and spousal maintenance payments.
The legislation for overseas maintenance (i.e. the registration and confirmation of provisional
orders under the British Commonwealth Scheme as well as the processing of claims from
contracting states to the 1956 New York Convention) is in Part VIII of the Family Proceedings
Act 1980.
1 (a) In New Zealand, the child support scheme is administered by the Inland Revenue
Department. Child support becomes payable on application from either the custodial
person or the paying parent. If the custodian is in receipt of a government benefit then
the custodian must apply for child support. In those cases the payment of child support
is retained by the Government. In other cases where the custodian is not receiving the
benefit then the child support payments are passed on to the custodian.
Child maintenance is generally assessed according to a formula based calculation. This
formula takes into account the paying parent’s annual income. From this amount a
deduction is allowed according to the living circumstances of the paying parent. The
value of that deduction is determined on whether the paying parent is living alone or in
another relationship and whether there are any children (either natural or step children)
also living with the paying parent.
Child support is assessed on an annual basis (our child support year runs from 1 April
to the following 31 March) and payments are made monthly.
Child maintenance can also be assessed according to a voluntary agreement entered
into by the custodial and non-custodial parent. The amount payable in those cases will
be the amount agreed upon between the two parties.
1 (b) Maintenance to support separated spouses is also administered by NZ Inland Revenue
Child Support. The amount payable is either determined by the Court or can be by way
of a voluntary agreement between the parties.
1 (c) There is provision in the Child Support Act 1991 for either parent to apply to the Court
for an order for the payment of a lump sum payment. There is no provision in the Act
to contract out of the payment of child support by virtue of a property settlement in
favour of the custodial parent.
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