MAINTENANCE CASE

Rotorua Morning Post, Volume 2, Issue 273, 13 July 1932, Page 6

MAINTENANCE CASE

CIVIL ACTION UNDER DEED OF SEPARATION FOR ARREARS. NO POWER OF VARIATION. A maintenance case presenting some unusual features was before Mr. S. L. Paterson, S.M., on Monday, when J. G. Lacey was sued for arrears under a deed of separation. Mr. J. D. Davys, who appeared for the defendant, pointed out that since the deed of separation was entered into, Lacey had suffered two euts in his salary. In the National Expenditure Adjustment Act no power was given to reduce - such contributions except by the Supreme Court, but Lacey had no money to take his case to that court. He asked the magistrate to consider the possibility of taking some action. Mr. Roe, on behalf of the wife, objeeted to the case being taken in such a way, as it was clearly a Supreme Court matter. Lacey was not called upon to pay for his wife if he paid 30s a week for the two children. As it was, Mrs. Lacey was finding it hard to make a living and had to put the two children out to board. Any application for a reduction would be opposed. The court held that there was not power to make any reduction, and judgment was given for the amount claimed, £2 10s, costs 8s, and solicitor's fee 15 s.