Paying child support

[gammaguy]

My issue is why should I have to pay child support when I will never get to see when I want to nor spend time with the child who I am paying child support for because of the miles between us. Not fair.

you are entitled to a say on when and where the child goes as I am assuming you are entitled to visiting rights

see a lawyer

[nadroj]

If you are named as the father, you are most likely a legal guardian and have as much legal rights as the mother.

If you are a legal guardian, you don't need the mothers signature unless you are including a sample from the mother.

Unfortunately not true according to more than 1 lawyer I have consulted.

The only way a sample can be legally tested for paternity is with the custodial parents permission or a court order, which would require proof of an encounter at the time of conception, to warrant the it's issuing.

[The Lone Rider]

Unfortunately not true according to more than 1 lawyer I have consulted.

The only way a sample can be legally tested for paternity is with the custodial parents permission or a court order, which would require proof of an encounter at the time of conception, to warrant the it's issuing.

Level 3, 60 Cook Street, Auckland, New Zealand

Find out for yourself.

[matrixbreaker]

You are not alone, here:

it looks like admin review make decisions before the review itself

[azzanuts]

Unfortunately not true according to more than 1 lawyer I have consulted.

The only way a sample can be legally tested for paternity is with the custodial parents permission or a court order, which would require proof of an encounter at the time of conception, to warrant the it's issuing.

Ive just gone through all this. If your name is on the birth certificate then in the eyes of the law you are a legal guardian, whether your the day to day carer or not. I went thru nimble diagnostics on line and had a paternity package sent down so I had proof I was the father therefore my name go's on the certificate therefore I have the same rights as the mother as far as "parenting" go's. Also she cant move anywhere else in the country with my son without my permission.

[azzanuts]

I had a question that needed answering regarding Child Support (Paying Parent) so I rang up Inland Revenue to ask if a parent who is paying child support still has to pay it after that child leaves the country with the parent to whom it is living with.
I got told that as long as that parent is a NZ Citizen then yes I still have to pay Child Support regardless of where in the world they are living.
I would like to know what your point of view is on this matter and is there anyone else in this same situation?.

The only time you pay is if the day to day carer is on the DPB. In saying that, if the day to day carer is on the DPB then they are'nt allowed to move over sea's. They would be stopped at customs.

[Grubber]

The only time you pay is if the day to day carer is on the DPB. In saying that, if the day to day carer is on the DPB then they are'nt allowed to move over sea's. They would be stopped at customs.

Sorry but that is incorrect. You pay no matter if she or he is on DPB or not. If they are not on DPB then you pay direct to parent, or IRD can collect on your behalf and pay them.
AS far as going over seas, you still pay if you are the parent. Just because they are somewhere else doesn't mean they are no longer your responsibility.

[The Lone Rider]

Sorry but that is incorrect. You pay no matter if she or he is on DPB or not. If they are not on DPB then you pay direct to parent, or IRD can collect on your behalf and pay them.
AS far as going over seas, you still pay if you are the parent. Just because they are somewhere else doesn't mean they are no longer your responsibility.

^ Is correct.

Once the application for child support is made and IRD accepts it, you will be paying child support until the child is 18 (or married).

This even occurs if you have shared care. The difference in shared care though, is that your support payment amount drops and you can claim child support from the other parent. I have no idea how accepting IRD is of the "counter" claim of child support though.

In that case though, you may want to draft something with your lawyers and report to IRD that they no longer have to collect on eithers behalf as you've come to your own arrangement.




Another thing to note is if for some reason your income will be 30% less than what they have estimated you to earn (based off what you earned the last financial year), you can apply for a reassessment. I've done this once, and ended up not having to pay anymore for the rest of the year. I think they said they will have to credit me next year for already paying to much (but I bet I will have to chase them for it)

[Bikemad]

^ Is correct.

Once the application for child support is made and IRD accepts it, you will be paying child support until the child is 18 (or married).

This even occurs if you have shared care. The difference in shared care though, is that your support payment amount drops and you can claim child support from the other parent. I have no idea how accepting IRD is of the "counter" claim of child support though.

In that case though, you may want to draft something with your lawyers and report to IRD that they no longer have to collect on eithers behalf as you've come to your own arrangement.




Another thing to note is if for some reason your income will be 30% less than what they have estimated you to earn (based off what you earned the last financial year), you can apply for a reassessment. I've done this once, and ended up not having to pay anymore for the rest of the year. I think they said they will have to credit me next year for already paying to much (but I bet I will have to chase them for it)

you actually have to pay right through till they are 19,get married or get a job as i understand it..........went through a bunch of bullshit with IRD for my daughter till me and the ex sorted out a private deal at which point she had to write a letter asking IRD to stop collecting on her behalf

[The Lone Rider]

you actually have to pay right through till they are 19,get married or get a job as i understand it.

Yeah, you pay until they are 18. Once they are older than 18 you no longer have to.

And you still have to pay if they have a job - I think you're confusing the condition that if the child is independent of the previous day to day carer, then you don't have to pay. IE... a 16 year old that moves out to go flatting. But I've not got the whole story to that either. I just know it's not simply "if they are working".

[Bikemad]

Yeah, you pay until they are 18. Once they are older than 18 you no longer have to.

not in my experience...........it was a while ago and maybe the rules have changed but IRD insisted i was liable for child support up till her 19th birthday,from memory it's because you are a year behind in making current payments as they base the payments you make this year on your previous years income.............something like that

[Transalper]

It's 19. Been 19 for a wee while now, think it was only 18 when I started paying 18.3 years ago.
Payments are also based on the current years warnings or estimated earnings now, you are only 1 month behind when making the payment as in Novembers payment is due by 22nd December.

www.ird.govt.nz/childsupport/background

To qualify for child support, the child must be:

under 19 years of age
a New Zealand citizen or "ordinary resident" in New Zealand
not married or in a de facto relationship
financially dependent, that is, not working more than 30 hours a week on average, or receiving a benefit or student allowance.

The paying parent must pay until their child turns 19. It will stop before this if the child starts:

living with them full time
work full time (30 hours a week or more)
receiving a benefit or student allowance
living in a de facto relationship or marries.

[Subike]

If you have miss informed the IRD of your income, you can be reassessed AFTER the child has turned 19, and be required to pay arrears due to the child support person for as long as the arrears amount is outstanding.
Even if the child is no longer in that persons care!
Dont think that it ends with that either, If you leave the country owing LPC, and return after many years any LPC payment owing will be collected by the ERD, and forwarded to the parent.
Returning to retire on a pension, owing LPC . the IRD will collect the arrears from your pension before it is paid to you.

[The Lone Rider]

Just got shared care today, by agreement from the other parent.




No more child support; just splitting the bills as they actually come. And very regular contact for bother parents.

[p.dath]

Just got shared care today, by agreement from the other parent.




No more child support; just splitting the bills as they actually come. And very regular contact for bother parents.

Shared care does not mean the end of child support unless that was agreed to. The parent who earns more still has to pay money to the parent who earns less, it just isn't as much when the shared care is 50/50.