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FAMILY LAW

Child Support

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This site will give you everything you need to know about Child Support including rates and calculations.  

We will give you a full overview of the law and the procedures. 

We will give tips and "Do It Yourself"  ideas. 

We will provide you with full access to the Child Support Act 1991 and its amendments. 

Everything will be provided.  We include access to the correct forms.

We will give you the full grounds for applying for a Review of a Child Support Assessment . . and much more.

DIRECT LINK TO CHILD SUPPORT WEBSITE  .  .  .  . 

 

.  .  .  Child Support Website

 

The National Child Support telephone line is 0800 221 221. They are pretty helpful.

History and Background to Family Support

In the bad old days, over 25 years ago, when the separated parent who had custody of the children wanted maintenance, he or she had to apply to the local Co

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Feedback/Reviews/Blogs
Feedback / Reviews / Blogs on this topic
20-Jun-07
"Up to date. Great. the IRD Child Support site is so hard to follow. You need a computer degree. You tell it like it is. (One pissed off father)

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22-Jun-07
"Bloody fantastic coverage. Easy to understand and work out. Mike R - Auckland Central"
15-Nov-07
"Please advise - My partner pays his ex-wife child support every week. (The amount was agreed via a settlement agreement nutted out between lawyers at mediation.) Is this child support still payable on weeks when we have the children? (in school holidays we have the children for half of the time). It seems unfair for his ex-wife to be getting paid child support when we are supporting the children.
Netlaw replies - The access you enjoy in the holidays must be averaged out over the whole year. It does not apply on a weekly basis. That sounds unfair but that is the way it has been interpreted. "

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"dear Netlaw,

My partner and I found all your family sites really good. We are fighting a maintenance and custody dispute with his ex and we cannot get legal aid so we are trying to go it alone and your site really helps. The judge actually commented on our documents saying that they were good. Thanks again . . . . Tuia"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"This topic delivered what it promised. Documents and ideas and some tips. I was happy. Miriam (Not rael name, but name supplied) Hamilton."
"I see that the documents posted on the Family Court of New Zealand now differ to the ones posted on your site, example form A4 consent to adoption -http://www.justice.govt.nz/courts/family-court/documents/forms/pdf/A4.pdf/view?searchterm=form%20a4
It asks for different information on the front page, e..g deponent and with or without notice, what does all this mean, and how do I complete this part of the form?
Do you have a sample of one of these forms completed?
Regards
Steve"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Can a woman aged 54 with a 16 year old child who is neither attending school or any other form of education/training continue to claim the DPB and child support indefinitely or should the child be on a separate independant benefit? and what if the child does not claim a benefit, does this justify the mothers ongoing DPB claim? - Jenny

Netlaw replies - Yes . . . . You go on to what is called a "Woman Alone" Benefit designed to allow the single parent to continue to be supported when the kids become independent. You need to discuss your circumstances with WINZ. The child may be entitled to an Independent Youth benefit, but they are not automatic. Special circumstances need to apply. Play around on the WINZ Website. Just type winz website into Google or your internet explorer.

Here is a quote from the WINZ Website. -

"To get a Domestic Purposes Benefit you'll need to be a sole parent, or a caregiver of someone sick or infirm, or a woman alone of 50 years of age or older. You must:

be a New Zealand citizen or permanent resident
have lived in New Zealand continuously for two years or more at any one time since becoming a New Zealand citizen or permanent resident (except refugees with permanent residence)
normally live in New Zealand".

Cheers . . . Netlaw



"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Thank you. It was not as easy as I thought because they wanted so many identifying details but your whole Netlaw site helped me. Barbara H - Oamaru - March 2007"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Well worth reading. I don't think I will have any more kids!! Louise J Auckland March 2007"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I did my dissolution from all your documents and tips. JGH - Auckland - June 2007"
"Hi, great site! I need a bit more help. I need to serve dissolution papers on my ex-husband. However, he cannot be found. I can apply to the court to have them served on his mum instead using the form interlocutory application without notice AND filling in a general Affidavit form. I can't find any help for this on this pages. Also, do I put that my application for one party is made with or without notice? (first page).

Netlaw replies -You have obviously accessed our Dissolution site. Also access our Family Court Rules topic. Our basic documents are correct but you can double check them by going to the Dissolution topic and clicking on to the Direct Link to the Family Court Website. When that topic opens up, scroll down to FORMS, then on to LIST OF FORMS then on to FORMS UNDER FAMILY PROCEEDINGS ACT then down to Forms 11 and 12. Don't forget you have to add an Information Sheet and we have a topic Information Sheet. So that gets you started. 3 documents there.

Right, then go to our topic Family Court Rules and click on to those Rules through the Direct Link provided. When the Rules come up (a little longer if you are only on dial up) then choose Rule 126 which tells you all about substituted service. You need a simple Application (Without Notice) following the same format as your main Application and you need an Affidavit in Support of Application for Substituted Service. 2 documents. You do not need a second Information sheet.

Take your time. But put in the reasons why you need substituted service. Say where he might be, when you last had contact with him, where his extended family live etc. Cheers . . . . Netlaw

"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I did my own documents and got before a Judge and got my own order for protection. I reckon I did it faster then my lawyer last time I need such an order two years ago.
Thank you . . . . Sandie (not my real name)"

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I'm making an enquiry on behalf of a relative who is paying child support for a person who is in his mid 30s now, the inland revenue who he is making these payments to told me it is not child support it is spouse support payments and he needs to go back to court to have the order changed. Who do we call now as he is not on a good income and should qualify for legal aid.

Netlaw replies: Yes, Spousal Maintenance is different from Child Support. The Family Court deals with Spousal maintenance but the IRD (Child Support Division) deals with kid's maintenance. Choose any family court lawyer and if he earns less than about $33,000 he should get legal aid."

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"Great to see all the relevant Acts laid out with direct reference to your own topics - Christie - Thames"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I did my own documents and got before a Judge and got my own order for protection. I reckon I did it faster then my lawyer last time I need such an order two years ago.
Thank you . . . . Sandie (not my real name)
"

"Good helpful information and tips on all of your family law topics topics. Keep it coming Netlaw. Judi - Invercargill"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I was accused wrongly. It is an awful process to go through. But I found the Notice of Defence document on your site and I could not find it anywhere else. I tried and tried. So good on Netlaw. The Court ordered blood tests and I had to pay half but then those blood tests excluded me and now I am asking the court to make her pay me back. I will let you know what happens This topic on paternity helped me greatly. Jon A -South Auckland"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"While you have considerable detailed information for the applicant there is no information directed at a respondent and how to respond.
Netlaw responds: Sorry. We will add to the topic today. The Respondent must, within 20 working days, file in the Court and serve on the Applicant, his or her own Affidavit of Assets and Liabilities as well as a Narrative Affidavit."

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"I did my own documents and got before a Judge and got my own order for protection. I reckon I did it faster then my lawyer last time I need such an order two years ago.
Thank you . . . . Sandie (not my real name)"

"Don't forget, you can do it yourself but if you are ona benefit your lawyer gets paid by legal aid. Annie Y - Auckland"
Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"My wife is claiming spousal maintenace. She lives in the family home and is a qualified secondary school teacher with a degree. We dont have dependent children. Do you think she is entitled to maintenance?

Netlaw replies: No. She would not get spousal maintenance UNLESS she was unable to work because of some illness. IF you had supported her during the relationship, and she did not work even though qualified, she can argue that you should continue to support her now, but that argument would be unlikely to succeed."

Feedback/Blogs/Reviews from related topic: Access/Custody/Guardianship
"My husband and I liked all this information. Keep it up please! Well worth the $45. We have spent so much on lawyers, blast them. I suppose they are necessary but when we see these concepts set out simply by you in Netlaw we wonder what all the secrecy and fuss was about in other matters. "
"I have heard that through the Will I am able to gift up to $27 500.00 of my property per year to some one that I want to inherit without paying gifting fees where do I find a template for this

Netlaw answers: Good morning,

You posted a blog on Netlaw this morning. We reply as follows.

Gift duty is not payable on money or assets which pass under your will. Therefore, you can leave $1,000,000 to someone in your will and it is not classified as a gift.
However, if you wanted to give someone $1 million during your lifetime then that would attract gift duty at 40 cents in the dollar (subject to a more specific calculation about a lesser amount of gift duty in some bands above $27,000) for any amount gifted over $27,000 per year. This is why gift programmes over a number of years have to be set up during the course of your lifetime to avoid or minimise paying gift duty.
But we repeat - money or assets left under a will are not treated as gifts for gift duty purposes. Nor are death duties payable any more. They were abolished well over 10 years ago.

Cheers . . . . Netlaw"

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