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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  34 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My ex-partner has not made any child support payments since

Resolved Question:

My ex-partner has not made any child support payments since May, therefore I have not received a payment this month. I have spoken to IRD who can only do so much. My ex-partner sees our son every second weekend, but makes no effort to have any contact with him in between. Do I have the right to stop my ex-partner from seeing my son until he makes the child support payments?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

Chris The Lawyer : Hi and welcome. My first response will follow shortly. Please feel free to follow up if anything is not clear.
Chris The Lawyer : unfortunately child support and contact are not meant to be related. If you stop contact because he is not paying, the Family Court can say that he can still have contact even if he is not paying.
Chris The Lawyer : if he is working then IRD should be taking this from his wages but if he is unemployed he may be only paying the minimum. But even if he is a benefit something should be paid. The minimum is usually $10 per week on the benefit
Customer:

Thank you for your answer.
It's good to know that he needs to be paying something even if he is unemployed.
In regards XXXXX XXXXX interest in our son's everyday well-being - with our current arrangement he has him every second week from Friday evening to Sunday afternoon. When I drop my son off on the Friday my ex-partner is hardly ever there, so I have to leave my son with his grandmother which I am not happy with. Do I have the right to refuse to leave my son at the house unless his father is there?

Customer:

Considering my ex-partner put up such a fight to have visitation rights I expect him to be there for the whole time my son is in his care.

Chris The Lawyer : The contact is meant to be with him, not the grandmother. If you have concerns about her, then you could tell him that because he is not there, contact will cease until he takes responsibility. How old is the child?
Customer:

That's very good to know. I do have concerns about the grandmother after seeing and hearing how she has brought up her own children, which has been reflected in my ex-partner actually.

Customer:

My son is 5 years old. We have had the custody agreement in place for 2 years now. It was a very long process due to violence issues with my ex-partner

Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19380
Experience: 34 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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