About Child Support Law in New Zealand
Child support in New Zealand is a system that ensures financial support is provided to children whose parents are not living together. Administered by Inland Revenue, the child support scheme calculates the payment obligations from the liable parent to support their children. The primary objective is to ensure that children receive the financial contributions they are entitled to, acting in their best interests and securing their well-being.
Why You May Need a Lawyer
There are several situations in which seeking legal advice regarding child support can be crucial:
- Disputing Child Support Assessments: If you disagree with an assessment made by Inland Revenue, a lawyer can help you understand your rights and assist in filing a challenge.
- Enforcement of Payments: If the other parent fails to make the required payments, legal advice may be necessary to enforce the child support obligations.
- Intercountry Issues: For issues involving parents residing in different countries, legal complexities might arise, requiring specialized legal assistance.
- Modifications due to Changing Circumstances: Changes in income, employment status, or family composition might necessitate a change in the child support agreement, where legal advice can be beneficial.
- Complex Family Arrangements: Legal input can also assist in establishing fair arrangements in cases involving multiple children or complex custody arrangements.
Local Laws Overview
Key aspects of local laws relevant to child support in New Zealand include:
- Child Support Act 1991: This is the primary legislation that governs child support calculations, collection, and enforcement in New Zealand.
- Income Assessment: The child support calculation is based on the income of both parents and the costs related to raising a child within New Zealand.
- Shared Care Arrangements: When parents share care of a child significantly, this can impact the calculation of child support payments.
- Voluntary Agreements: Parents can enter into private child support agreements, provided both parties consent and the agreement serves the child's best interest.
Frequently Asked Questions
How is child support calculated in New Zealand?
Child support is calculated based on a formula that considers the income of both parents, the amount of care each parent provides, and the estimated costs of raising children in New Zealand.
What if I disagree with the child support assessment?
If you disagree with an assessment, you can lodge an objection with Inland Revenue within a specific timeframe. It may be beneficial to consult with a lawyer to navigate this process effectively.
Can I make a private child support agreement?
Yes, parents can make private child support arrangements without involving Inland Revenue. However, both parties must agree, and it must meet the child's needs.
What happens if child support payments are not made?
Inland Revenue has mechanisms to enforce child support payments, including wage deductions, tax refund interceptions, or legal action if necessary.
Can I change the child support arrangement if my circumstances change?
Yes, adjustments can be made if there are significant changes in circumstances, such as changes in income, care arrangements, or family dynamics.
Do I have to inform Inland Revenue if my income changes?
Yes, it is essential to inform Inland Revenue of any significant changes in your income to ensure that the child support assessment reflects your current financial situation.
Is child support considered as income for tax purposes?
No, child support payments are not considered taxable income for the receiving parent.
Who is eligible for child support in New Zealand?
Parents who are separated and have children under the age of 18, or 19 if still in school, are generally eligible for child support assessment through Inland Revenue.
What are the options if the other parent is overseas?
New Zealand has reciprocal agreements with several countries that facilitate the enforcement and collection of child support across borders.
Can child support be waived?
Child support obligations are legally binding. However, under specific circumstances, alterations can be made if both parties agree and it aligns with legal guidelines and the child's best interests.
Additional Resources
For additional information and support regarding child support in New Zealand, consider exploring the following resources:
- Inland Revenue: The government agency responsible for calculating, collecting, and enforcing child support in New Zealand.
- Community Law Centres: Local centers offering free legal advice and assistance on various issues, including family and child support law.
- Family Court: For matters that require court intervention, involving legal experts for guidance.
- Ministry of Social Development: Provides support services related to family and children’s welfare.
Next Steps
If you find yourself needing legal assistance regarding child support, consider the following steps:
- Consult with a specialized family law lawyer to understand your rights and obligations.
- Contact your local Community Law Centre for free preliminary advice and find out if you qualify for legal aid.
- Gather any relevant documentation related to income, care arrangements, and existing agreements.
- Contact Inland Revenue for specific queries or to discuss challenges and adjustments to your child support situation.
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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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