Speak to Our Child Support Lawyers In Auckland

If you are separating from a co-parent, you might be entitled to child support payments from your ex-partner.

Child support is money paid by a parent to help their co-parent or a primary caregiver meet the costs of raising a child.  Usually, it is paid by a parent who does not live with their child.  However, it may be available in shared care situations.

Child support arrangements are usually made by:

• having a private child support arrangement with the parent who will pay child support (Child Support Parent);
• registering a voluntary child support agreement with the Inland Revenue Department (IRD); or
• applying for a formula assessment by the IRD under the Child Support Act 1991.

Meeting the increasing costs of raising a child is difficult.  If you need legal advice or help with a child support arrangement, speak to our child support lawyers today.

How Much Child Support Do I Need to Pay?

The amount of child support that you may need to pay depends on the situation. The following factors are usually relevant:

• The earnings of the Child Support Parent and the Primary Caregiver.
• The amount of time the child spends with the Child Support Parent compared with the time the child spends with the Primary Caregiver.
• The child’s reasonable needs and the costs of meeting those needs.
• The willingness of the Child Support Parent to agree to child support payment terms.
• If the Child Support Parent lives overseas.
• If a formula assessment by the IRD is necessary.

The IRD has an online calculator to help provide an idea of the amount a Child Support Parent might pay if the IRD conducted a formula assessment under the Child Support Act 1991.  Link here:  Work out your child support payments – Your details – Inland Revenue (ird.govt.nz)

Types Of Child Support Arrangements

Private child support arrangement

A private child support arrangement is the simplest way of dealing with child support.  It does not require any special formal documentation.  However, we recommend the arrangement be recorded in writing and signed.  This can avoid unnecessary misunderstandings.

A lawyer can also prepare the written agreement and include terms to deal with what should happen if child support payments are missed, when the arrangement should be reviewed, and other matters.

Sometimes it can be uncomfortable to discuss child support arrangement with an ex-partner.  If you need help negotiating, preparing, or reviewing a private child support agreement, please contact our family law team.

IRD voluntary child support arrangement

A voluntary child support arrangement is a good idea if you want the freedom to agree the amount and frequency of child support payments but want the IRD to manage the child support payments.

A voluntary child support arrangement requires a formal written agreement.  You must also qualify under section 48 of the Child Support Act 1991 before the IRD will manage your child support arrangement.

When the IRD manages a voluntary child support arrangement, they deduct child support from the Child Support Parent’s wages, salary, benefit, or student allowance.  If a child support payment is missed or paid late, the IRD will charge a penalty.  The penalty is paid to the Crown and not the Primary Caregiver.

Evolution Lawyers can prepare a written child support agreement and help make sure that the arrangement qualifies under section 48 of the Child Support Act 1991.  Contact us.

IRD formula assessment

If you cannot agree the amount of child support payable, a formula assessment by the IRD may be necessary.  Both the Primary Caregiver and the Child Support Parent can apply for a formula assessment.

Proof of both parents’ identities is required when applying for a formula assessment.  If a parent is not named on a birth certificate, a paternity order may be required.  An application for a paternity order is made to the family court.

If the IRD conducts a formula assessment, the child support amount can only be varied by applying for an administrative review or by way of a court order.

Paying Too Much In Child Support?

If your circumstances have changed, or your child’s circumstances have changed, you might find yourself paying too much in child support.  Depending on the child support arrangement you have in place, you may be able to vary the amount paid to make sure the amount paid is fair and reasonable in the circumstances.

If the IRD has determined how much child support you must pay through a formula assessment, you can only vary the child support amount by applying for a review also known as an IRD administrative review or a court order.

If you think you are paying too much child support or need help applying for an IRD administrative review, speak to our child support lawyers today.

Receiving Too Little In Child Support?

If you are receiving child support and believe there has been change in circumstances that affects your child support arrangement, you may be right.

Circumstances change and you may need greater assistance to care for your child.  Perhaps you have additional expenses or living costs to pay or are having another child.

If you believe you may be receiving too little child support, speak to our team today.

We Can Help With All Child Support Matters

If you need help or advice regarding a child support matter, if you have just separated and want to know what to do, or you think you are entitled to receive more or pay less, we can help.

Our family law team are experts in all child support matters and are here to ensure you have the most favourable arrangement that is legally possible. Speak to us today by clicking the button below: