How to Handle Child Support Across Borders
Dealing with child support across borders can be a complex and challenging issue for many separated parents in New Zealand. When one parent lives in a different country than the other parent and their child, it adds an extra layer of complexity to child support arrangements. However, New Zealand has laws and agreements in place to help ensure that children receive the financial support they need, even when their parents live in different countries.
Understanding New Zealand’s Child Support Laws
New Zealand’s child support laws are primarily governed by the Child Support Act 1991. This Act establishes the framework for assessing, collecting, and enforcing child support payments in New Zealand. It applies to all parents, whether they live in New Zealand or abroad.
Under the Child Support Act, both parents have a legal obligation to financially support their children, regardless of where they live. The amount of child support a parent must pay is based on their income, the number of children they support, and the amount of care they provide.
International Child Support Agreements
To help ensure that children receive the support they need when one parent lives overseas, New Zealand has entered into child support agreements with several countries, including Australia, the United Kingdom, and the United States. These agreements allow for the assessment, collection, and enforcement of child support payments across borders.
For example, if a parent lives in Australia and their child lives in New Zealand, the New Zealand Inland Revenue Department can work with the Australian Child Support Agency to assess and collect child support payments. This helps ensure that the child receives the financial support they are entitled to, even though their parents live in different countries.
Enforcing Child Support Payments Across Borders
If a parent fails to make their required child support payments, the New Zealand Inland Revenue Department has several tools available to enforce the payments, even if the parent lives overseas. These tools include:
- Intercepting tax refunds and other government payments
- Placing a charge on the parent’s property or assets in New Zealand
- Taking legal action through the courts in the parent’s country of residence
In some cases, the Inland Revenue Department may also work with international law enforcement agencies to locate parents who have fled the country to avoid paying child support.
Modifying Child Support Assessments Across Borders
If a parent’s financial circumstances change, they may be able to apply for a modification of their child support assessment. This is true even if the parent lives overseas.
To request a modification, the parent must provide evidence of their change in circumstances, such as a loss of income or an increase in the cost of living. The Inland Revenue Department will then review the evidence and determine whether a modification is warranted.
Seeking Legal Advice for Cross-Border Child Support Issues
Dealing with child support issues across borders can be complex and stressful. If you are a parent in this situation, it is important to seek legal advice from an experienced family lawyer who understands New Zealand’s child support laws and international agreements.
Naomi Cramer is a top New Zealand family lawyer who has extensive experience handling cross-border child support cases. She can provide you with the guidance and support you need to navigate this complex area of law and ensure that your child receives the financial support they are entitled to.
Conclusion
Handling child support across borders requires an understanding of New Zealand’s laws and international agreements. If you are a parent dealing with this issue, it is important to seek legal advice from an experienced family lawyer like Naomi Cramer. With the right support and guidance, you can ensure that your child receives the financial support they need, even if you and the other parent live in different countries.
No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.
