Best Child Support Lawyers in New Plymouth

About Child Support Law in New Plymouth, New Zealand

Child support is a legal obligation for parents who are separated, divorced, or were never in a partnership but share a child. In New Plymouth, as throughout New Zealand, child support is regulated by national legislation designed to ensure children are financially provided for, irrespective of changes in parental relationships. The main aim of child support is to help cover the everyday living expenses of children, supporting their welfare and development. Inland Revenue (IR) is the government department responsible for assessing, collecting, and disbursing child support payments where parents request their services.

Why You May Need a Lawyer

While many people manage child support matters directly with Inland Revenue, there are situations where legal advice is beneficial or even necessary. A lawyer can provide valuable guidance if you are facing any of the following circumstances:

• Disputes about paternity or parentage
• Challenges or appeals against Inland Revenue child support assessments
• Complex custody or care arrangements that impact support obligations
• Difficulty collecting unpaid child support from the other parent
• Requests to depart from the standard child support assessment due to special circumstances
• Cross-border child support issues, for example if one parent lives outside New Zealand
• Concerns about the fairness of child support calculations

A lawyer can help you understand your rights, represent you in court if necessary, and assist with paperwork or negotiations to achieve the best outcome for you and your children.

Local Laws Overview

Child support in New Plymouth is governed by New Zealand’s Child Support Act 1991 and associated regulations. Key aspects of local law include:

• Both parents have a legal duty to financially support their children until they turn 18, or sometimes until they finish secondary school.
• Child support payments are usually calculated by Inland Revenue using an income-based formula. Factors include the income of each parent, the amount of care provided, and the number of children involved.
• Parents can also come to their own agreements about child support, but these are only enforceable if formalized through a voluntary agreement registered with Inland Revenue, or by a court order.
• If special circumstances apply, such as high costs related to the child’s health or education, either party can apply for an 'administrative review' to seek a departure from the standard assessment.
• Non-payment of child support can lead to penalties, interest charges, and enforcement action, including deductions from wages or benefit payments.
• Legal aid may be available for parents needing help with child support matters, subject to eligibility criteria.
• International arrangements exist for child support cases involving parents living in different countries.

Frequently Asked Questions

What is child support, and who has to pay it?

Child support is a financial contribution paid by one parent to another to help with the everyday living expenses of their shared children. Both parents have a legal obligation, but usually the parent who does not provide day-to-day care pays the support.

How is child support calculated in New Plymouth?

Inland Revenue calculates child support based on each parent’s income and the amount of care they provide. The formula considers the number of children and adjusts for the support parent's living circumstances.

Can parents make their own child support arrangements?

Yes, parents can choose to make private agreements about child support. However, only agreements registered with Inland Revenue or covered by a court order are legally enforceable.

What happens if a parent does not pay child support?

If a parent fails to pay, Inland Revenue can take enforcement actions such as wage deductions, benefit deductions, or pursuing arrears through legal means. Penalties and interest charges can also be applied to unpaid amounts.

How do I apply for child support in New Plymouth?

You can apply for child support directly with Inland Revenue either online, by phone, or using their paper application forms. Legal help is available if you need assistance.

Can I get legal aid for a child support dispute?

Legal aid may be available for certain child support disputes, such as legal challenges against assessments or enforcement proceedings, subject to eligibility based on income and the merits of your case.

What if I think the assessed child support amount is unfair?

You can request an administrative review through Inland Revenue if you believe the standard formula assessment does not reflect your circumstances, such as high child care costs or changes in income.

Does child support stop when my child turns 18?

Generally, child support ends when the child turns 18. However, payments may continue until the end of the year if the child is still attending secondary school.

What if one parent lives overseas?

New Zealand has arrangements with several countries to enable child support collection internationally. Inland Revenue can assist in cases where one parent is living outside New Zealand.

Do grandparents or guardians ever pay or receive child support?

In some cases, if a grandparent or another person has primary care of a child, they can apply to receive child support from the parents. The legal responsibility for payment usually remains with the child’s parents.

Additional Resources

If you are dealing with a child support issue in New Plymouth, the following resources and organizations may be helpful:

• Inland Revenue (IR) - Oversees child support assessments and payments. They offer guides, calculators, and application forms.
• Family Court - Handles child support disputes that cannot be resolved through IR or require legal orders.
• Community Law Taranaki - Provides free legal information and advice to local residents.
• Citizen’s Advice Bureau New Plymouth - Offers independent advice and can refer you to appropriate legal help.
• Ministry of Justice - Offers general information on family law and legal aid eligibility.

Next Steps

If you need legal assistance with child support in New Plymouth, begin by gathering all relevant documents, such as court orders, communication records, and financial information. Contact Inland Revenue if you need to start, change, or dispute child support arrangements. If the situation is complex or contentious, consult with a local family lawyer or reach out to Community Law Taranaki for free advice. For ongoing legal proceedings, consider applying for legal aid if you meet the criteria. Remember, acting quickly and seeking accurate legal advice will help protect both your rights and your child’s wellbeing.