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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22150
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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In a signed separation agreement, one parent has agreed to

Customer Question

In a signed separation agreement, one parent has agreed to cover half of all medical costs, preschool fees, extracurricular, and sports fees. This is in addition to child support payments.In a previous response, it was stated that the agreement is a contract and the other party could apply to court to enforce the agreement, and potentially enforce this as a debt.In the mean time, the other party has paid half of previous medical costs, extracurricular fees, and sports fees. They are now disputing paying preschool fees, stating that they don't have to.What process do we need to go through to have this enforced as a debt? Is this something that would need to go through the Disputes Tribunal, given that they will be ongoing costs? Or is there a more suitable process?The wording is such that the other parent must pay within 3 days of receiving an invoice. They have asked to be invoiced directly by the daycare provider, is it appropriate for the daycare provider to start a debt collection process?
Submitted: 5 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 5 months ago.
The Disputes Tribunal doesnt have power over agreements like this, so you have to go to the Family or DistrictCourt. If the other party has agreed to pay half, then you could bring a claim in those courts. You can file claims yourself in those courts however. It may be worth setting up a mediation, rather than going to court however as although its important for your family budget its not a large amount to sue for

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