About Child Support Law in New Zealand
Child Support in New Zealand is governed by the Child Support Act 1991. The purpose of this law is to ensure that both parents contribute financially to the upbringing of their children, regardless of whether they are living together or apart. The Child Support system is administered by Inland Revenue, and they calculate, collect, and distribute child support payments.
Why You May Need a Lawyer
You may need a lawyer for child support issues in situations such as disputes over paternity, disagreements on the amount of child support to be paid, changes in financial circumstances, or enforcement of child support orders. A lawyer can provide legal advice, assist with negotiations, represent you in court, and ensure your rights and the rights of your children are protected.
Local Laws Overview
In New Zealand, child support is calculated based on the income of both parents, the number of children involved, and the amount of time each parent spends with the children. The Child Support formula takes into account various factors such as age of children, care arrangements, and living expenses. Parents are required to disclose their income to Inland Revenue annually for child support assessment.
Frequently Asked Questions
1. How is child support calculated in New Zealand?
Child support is calculated based on the income of both parents, the number of children, and care arrangements. Inland Revenue uses a formula to determine the amount to be paid.
2. Can child support payments be changed?
Child support payments can be reviewed and changed if there is a significant change in circumstances, such as loss of income or increase in care responsibilities.
3. What if the other parent doesn't pay child support?
If the other parent fails to pay child support, Inland Revenue can take enforcement actions such as deducting from their wages or tax refunds, or taking legal action.
4. Can child support be backdated?
Child support payments can be backdated to the date of application, but not beyond that. It's important to apply for child support as soon as possible.
5. Can child support orders be enforced if one parent lives overseas?
Yes, child support orders can be enforced against a parent living overseas through reciprocal arrangements with other countries.
6. Can child support payments be waived?
Child support payments cannot be waived or discharged unless there are exceptional circumstances. It's important to seek legal advice in such situations.
7. What if I disagree with the child support assessment?
If you disagree with the child support assessment, you can apply for a review with Inland Revenue. If you are still unsatisfied, you can appeal to the Family Court.
8. How long do I have to pay child support?
You are required to pay child support until the child turns 19 years old, or 20 years old if they are still in secondary school or in a tertiary education course.
9. Can child support be paid in a lump sum?
Child support is typically paid periodically, but a lump sum payment can be agreed upon by both parents if it's in the best interest of the child.
10. Can child support payments be tax deductible?
No, child support payments are not tax deductible for the paying parent, and they are not treated as income for the receiving parent.
Additional Resources
If you need more information or assistance with child support in New Zealand, you can visit the Inland Revenue website or contact a family lawyer for legal advice and representation.
Next Steps
If you require legal assistance with child support issues, it's recommended to consult with a family lawyer who has experience in this area of law. They can guide you through the process, represent you in negotiations or court proceedings, and ensure your rights and the rights of your children are protected.
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