About Child Support Law in Christchurch, New Zealand
Child Support Law in Christchurch, and New Zealand as a whole, is focused on ensuring that the financial and overall well-being of the child is maintained after parents separate. The responsibility is shared between both parents, regardless of their relationship status. The Inland Revenue Department handles Child Support matters, including the assessment and collection of child support payments.
Why You May Need a Lawyer
Engaging a lawyer may become necessary when parents cannot mutually agree on the terms of Child Support. Some instances could be disagreement over the amount of payment, the frequency of payment, or disputes regarding shared custody arrangements. Lawyers can also represent individuals in court proceedings, or help in navigating the complex laws and regulations involved in child support. Moreover, if the case involves cross-border issues such as one parent living outside New Zealand, a lawyer's assistance will be invaluable.
Local Laws Overview
Under the Child Support Act 1991 in New Zealand, both parents of a child under the age of 18 have a legal obligation to support them. If parents separate, one may be required to make regular payments, which are calculated based on factors such as income, living arrangements, and the number of dependent children. The law prioritises the well-being of the child, ensuring that both parents contribute, with adjustments made for caregivers who have majority care of the child.
Frequently Asked Questions
Who has to pay child support?
Usually, the non-custodial parent pays child support to the custodial parent. However, if both parents share an equal amount of time in taking care of the child, the parent who earns more may have to pay child support.
How is the amount of child support determined?
The amount is set by applying a formula which takes into account several factors, including annual income, the cost of raising the child, and the amount of time the child spends with both parents.
What happens if the non-custodial parent doesn’t pay child support?
If the non-custodial parent fails to pay, the Inland Revenue Department has the authority to enforce payment through methods like wage deductions or seizing assets. Persistent failure to pay may result in legal action.
Can child support arrangements be changed?
Yes, parents can apply for a review of the circumstances if they believe the current amount of child support is unfair. They can also agree on an amount directly with each other, which can be formalised into a child support agreement.
If one parent lives overseas, do they still need to pay child support?
Yes, New Zealand has reciprocal agreements with several countries to enforce child support obligations, ensuring that children receive financial support from the non-resident parent.
Additional Resources
The Inland Revenue Department's website provides extensive information on Child Support, including a calculator for estimating payments. Community Law Centres also offer free advice and information. The Family Court has a wealth of resources which explain family law legislation in detail.
Next Steps
If you're facing issues related to Child Support, it’s important to consult with a legal professional. You can contact a local Christchurch family law lawyer or community law centre. Ensure to gather all necessary information preceding your meeting, such as your financial details, any existing agreements or orders, and correspondence with the other party.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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