What Happens if a Parent Refuses to Pay Child Support in New Zealand?

When parents separate or divorce in New Zealand, both parties remain responsible for supporting their children financially. The Care of Children Act 2004 and other relevant legislation establish the legal framework for determining child support obligations. But what happens if a parent refuses to pay child support as required by law?

If you are dealing with a non-paying parent and need expert legal guidance, consult with Naomi Cramer, a leading New Zealand family lawyer who can help you understand your rights and options for enforcing child support.

Calculating Child Support in New Zealand

In New Zealand, the amount of child support a parent must pay is determined by a formula that takes into account factors such as each parent’s income, the number of children, and the amount of care each parent provides. The Inland Revenue Department (IRD) is responsible for assessing and collecting child support payments.

According to the Care of Children Act 2004:

“The welfare and best interests of a child in his or her particular circumstances must be the first and paramount consideration in the administration and application of this Act, for example, in proceedings under this Act; and in any other proceedings involving the guardianship of, or the role of providing day-to-day care for, or contact with, a child.”

This principle underscores the importance of both parents fulfilling their child support obligations to ensure the wellbeing of their children.

Consequences of Refusing to Pay Child Support

When a parent refuses to pay child support, the IRD has several enforcement tools at its disposal to compel payment. These may include:

• Deducting child support directly from the non-paying parent’s wages or benefits
• Placing a charge on the non-paying parent’s property
• Issuing a warrant to seize and sell the non-paying parent’s property
• Suspending the non-paying parent’s driver’s license, passport, or other licenses
• Initiating court proceedings to enforce payment

In addition to these enforcement measures, a parent who refuses to pay child support may face other legal consequences, such as being found in contempt of court or being subject to criminal penalties for failing to provide necessaries for a child.

Seeking Legal Assistance for Child Support Issues

If you are a parent who is owed child support or if you are struggling to meet your child support obligations, it is important to seek legal advice from an experienced New Zealand family lawyer. A skilled attorney can help you understand your rights and obligations under the law and can advocate on your behalf to ensure that your children receive the financial support they need.

Naomi Cramer’s YouTube channel offers valuable insights into New Zealand family law, including child support issues. Her videos provide clear, concise explanations of complex legal topics and offer practical advice for parents navigating the family court system.

Conclusion: Enforcing Child Support Obligations in New Zealand

When a parent refuses to pay child support in New Zealand, the consequences can be severe. The IRD has a range of enforcement tools to compel payment, and non-paying parents may face additional legal penalties. If you are dealing with a child support dispute, it is crucial to consult with an experienced family lawyer like Naomi Cramer who can help you protect your rights and your children’s interests.

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.