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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22811
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I separated from my husband approximately 2006 and we both

Customer Question

I separated from my husband approximately 2006 and we both signed a parenting agreement to outline what was agreed for the parenting of our son. Our son is now 15 years of age. Over this time my ex-husband has tried to file for financial support via IRD (2009) even though we agreed to shared custody. He withdrew his application to IRD this time and he agreed with me verbally not to do this again and that we would continue to operate on a 50/50 shared custody. Just last week he has applied again to IRD and will not meet to discuss this. I do not want to fill in the IRD form that has arrived in my letterbox and instead need legal advice about how to deal with this. Should I involve a lawyer and request a mediation meeting and advise IRD this is a civil matter that will be dealt with through a mediation process and if needed through the family court system. Please help me as I am unsure how to deal with this. Regards, Marcelle
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
Child support is administered though Inland Revenue according to fairly rigid statutory tests, based on prescribed income and expenditure. This means when one party applies for child support, you have to respond through the same system. There is no mediation option as there is for the parenting decisions, as child support is separate from the child care arrangements. The point where they intersect is the time spent with each of you. This governs the proportions of child support each of you pay. If you each earned the same, and had joint parenting, then your child support obligations would cancel each other out. If one earns more than the other then there is a payment obligation. There are grounds for objecting to an assessment but if things are equal then the application for child support is a bit meaningless. I would suspect he has done this thinking you may end up with a payment to him, because his income has reduced or is about to.

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