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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Is ther anyway to find out if the mother of a child has filed

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Is ther anyway to find out if the mother of a child has filed for child support from a person believed to be the father without going via her lawyer

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

You would normally apply for child support without a lawyer, as this is done through Inland Revenue. If she does so then Inland Revenue will contact the father and ask for payment. However the mother could not apply for child support unless the father has signed the childs birth certificate or obtained a paternity order. The paternity order must be obtained from the Family Court on an application, which must be served on the father so he knows and can challenge this if he says he is not the father.


The courts have said it is most likely he is the father but he has never signed anything as he lives in Aus,but he may want to come back to Nz on holiday and wants to know what the chances are that he wont be let out of the country again before being issued with papers etc.


That was the reason we asked if there was any way we could find out if child support had been requested

christhelawyer : He could ask IRD direct if there is a claim made. He would have to ask because of privacy requirements however. You could not ask otherwise. Does the mother know his address?

The mother does not know his current address,would he not be opening a can of worms if he contacts the IRD if thats what he is afraid of re returning to Aus

christhelawyer :

If there is a court order stating he is the father, then she can apply at any time for a formula assesment. But until he has been told about this he is pretty safe and is not going to be stopped at the airport. He could also get in touch with the mother, either directly or though family and ask what she has done. But contacting IRD will not necessarily be a bad thing, because if she has applied then at least he will know where he stands with liability for the child support.

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