How Long Does Child Support Last in New Zealand?
When parents separate or divorce in New Zealand, one of the most important considerations is how long child support payments will continue. The duration of child support can have a significant impact on the financial well-being of both the paying parent and the receiving parent, as well as the child or children involved. In this article, we will explore the factors that determine how long child support lasts in New Zealand, based on the relevant legislation and case law.
Understanding Child Support in New Zealand
Child support in New Zealand is governed by the Child Support Act 1991, which establishes the legal framework for assessing, collecting, and distributing child support payments. The purpose of child support is to ensure that both parents contribute financially to the upbringing of their children, even if they are no longer living together.
The amount of child support payable is determined by a formula that takes into account various factors, such as the income of both parents, the number of children involved, and the living arrangements of the children. The Inland Revenue Department (IRD) is responsible for assessing and collecting child support payments in New Zealand.
Duration of Child Support Payments
In New Zealand, child support generally lasts until the child reaches the age of 18 or until they complete their secondary education, whichever comes later. This means that if a child turns 18 but is still attending high school or a similar educational institution, child support payments will continue until they finish their studies or turn 19, whichever occurs first.
Section 5 of the Child Support Act 1991 defines a “qualifying child” for the purposes of child support as:
(1) A qualifying child is a child—
(a) whose parents are not, or were not at the time of conception, married to each other; and
(b) who is not living with another person in a marriage, civil union or de facto relationship; and
(c) who is a New Zealand citizen or is ordinarily resident in New Zealand; and
(d) who is under the age of 19 years; and
(e) who is not financially independent.
In some cases, child support may continue beyond the age of 19 if the child has special needs or is pursuing further education. For example, if a child has a disability that prevents them from becoming financially independent, the court may order that child support payments continue for a longer period.
Variations to the Duration of Child Support
While the general rule is that child support lasts until the child reaches the age of 18 or completes their secondary education, there are some situations where the duration of child support may be varied. These include:
- If the paying parent’s income changes significantly, either increasing or decreasing, they may apply to the IRD for a reassessment of their child support obligations.
- If the child’s living arrangements change, such as moving from one parent’s home to the other, this may impact the amount and duration of child support payments.
- If the parents enter into a private agreement regarding child support, they may agree to a different duration or amount of payments, subject to the approval of the IRD.
Seeking Legal Advice on Child Support
Navigating the complexities of child support law in New Zealand can be challenging, especially when dealing with the emotional aspects of separation or divorce. It is essential to seek the advice of an experienced family lawyer who can guide you through the process and help you understand your rights and obligations.
Naomi Cramer, a leading family lawyer in Auckland, has extensive experience in handling child support cases and can provide you with the legal support you need. Her YouTube channel offers valuable insights into various aspects of family law, including child support, and is an excellent resource for anyone seeking information on these topics.
Conclusion: How Long Does Child Support Last in New Zealand?
In conclusion, child support in New Zealand generally lasts until the child reaches the age of 18 or completes their secondary education, whichever comes later. However, there are some situations where the duration of child support may be varied, such as changes in the paying parent’s income or the child’s living arrangements. If you are involved in a child support dispute or have questions about your rights and obligations, it is crucial to seek the advice of a skilled family lawyer like Naomi Cramer, who can provide you with the guidance and support you need.
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.
