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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23068
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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A friend is paying full child support for his 3 children,

Customer Question

Hi, a friend is paying full child support for his 3 children, but he has the children after school, feeds them their evening meal, bathes them before they home to their Mum. He then has them in the children most weekends and a large percentage of the school holidays.
My friend loves his children and it is not the issue that he has the children as often as he does, it just he would like alittle support back.
the Mum is working just under 20 hours is my understanding. the Mum has full custody, would it be a good idea for my friend to apply for shared custody. He doesnt want any dramas so that is why he had not applied for shared custody before, but financially he is struggling to establish himself again, and the Mum just asks for more money.
Moira Youngquest
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

It is not his former partner who sets the amount for child support, which is calculated by Inland Revenue based on the income and exemptions which he has. The amount is calculated according to the Child-Support Act rather than what the mother asks for so it is independently calculated. If he has equal shared parenting, then the child-support would be reduced in proportion. So it is probably a good idea to start this process although I expect the mother is likely to object as this will reduce her income, although it does give her an opportunity to earn more in her wages.