‍The Ex-Files: How do I get my ex-partner to provide financial support?

Question: I separated from my de facto partner of seven years around six months ago. We haven’t been able to agree on anything since then. Shortly after separation, I moved out of our home (owned by a trust) with our 3-year-old son and in with my parents. I cannot afford a rental property as I only work part-time around my son’s kindy hours, which has been the case since he was born.

It’s been a real struggle, and my ex has refused to support me financially as he says he doesn’t earn enough money. While it is true he earns very little in the way of taxable income, he has trusts that hold a large inheritance and family wealth, and it is clear from his social media that he has access to money, as he has been on multiple luxury international holidays since our separation, including a two-week cycling trip in Italy and the Australian Open courtside.

He frequently posts about dining out at upmarket restaurants, attending events, and I have heard he has plans to attend the Fifa World Cup later this year.

Answer: You have two ways to access financial support post-separation. One is spousal maintenance, and the second is child support.

Spousal maintenance

Spousal maintenance is governed by the Family Proceedings Act 1980 and is normally periodic payments to help you when you cannot meet your “reasonable needs”. Your reasonable needs are your day-to-day expenses, taking into account the living standard enjoyed during the relationship.

To continue reading about the range of factors considered in a spousal maintenance claim and what the court would be likely to determine given this situation with the ex and the trusts he holds, read the full NZ Herald X-Files article here. It also covers the necessary steps to apply for Child Support and how to dispute a formula assessment.

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