Are Medical Expenses Included in Child Support in New Zealand?
When parents separate or divorce in New Zealand, one of the most important considerations is ensuring their children’s financial needs are met. Child support plays a crucial role in this process, but many parents may wonder whether medical expenses are included in child support payments. In this article, we will explore the intricacies of child support in New Zealand and shed light on how medical expenses are handled.
Understanding Child Support in New Zealand
Child support in New Zealand is governed by the Child Support Act 1991, which aims to ensure that both parents contribute to their children’s financial well-being. The amount of child support a parent must pay is determined by a formula that takes into account factors such as the parents’ income, the number of children, and the amount of care each parent provides.
The child support system in New Zealand is administered by Inland Revenue, which assesses and collects payments from liable parents and distributes them to the receiving parents. This helps ensure that children receive the financial support they need, even if their parents are no longer together.
Medical Expenses and Child Support
When it comes to medical expenses, the Child Support Act 1991 does not explicitly include them in the standard child support formula. This means that, in most cases, medical expenses are not automatically covered by regular child support payments.
However, this does not mean that medical expenses are entirely excluded from the child support system. In certain circumstances, parents can seek additional financial support for their children’s medical needs.
Applying for Additional Support for Medical Expenses
If a child has extraordinary medical expenses that are not covered by the public health system or private insurance, the receiving parent can apply to Inland Revenue for an increase in child support payments. This is known as a “departure from the formula assessment.”
To be eligible for a departure, the receiving parent must demonstrate that the child’s medical expenses are significant and ongoing, and that they are not adequately covered by the standard child support payments. The application process involves providing evidence of the medical expenses, such as receipts, invoices, or medical reports.
Court Intervention for Medical Expenses
In some cases, parents may need to seek court intervention to resolve disputes over medical expenses. The Family Court has the power to make orders regarding the payment of medical expenses, taking into account the best interests of the child and the financial circumstances of both parents.
As stated in the Family Proceedings Act 1980, Section 78:
“The Court may, at any time after the making of an order under section 77, vary, suspend, or discharge the order, or revive the order after it has been suspended, or extend the term for which the order is in force, on the application of either party to the marriage or civil union.”
This provision allows the Family Court to modify child support orders, including those related to medical expenses, when circumstances change or when the existing arrangements are no longer appropriate.
Seeking Legal Advice for Child Support and Medical Expenses
Navigating the complexities of child support and medical expenses can be challenging for parents. It is essential to seek the guidance of an experienced family lawyer who can provide personalized advice based on your unique situation.
Naomi Cramer, a leading family lawyer in New Zealand, offers expert legal advice and representation in child support matters. With her extensive knowledge of New Zealand family law, Naomi can help you understand your rights and obligations regarding child support and medical expenses.
Conclusion: Are Medical Expenses Included in Child Support?
In conclusion, while medical expenses are not automatically included in standard child support payments in New Zealand, there are avenues available for parents to seek additional financial support when their children have significant and ongoing medical needs. By applying for a departure from the formula assessment or seeking court intervention, parents can ensure that their children receive the necessary financial support for their medical expenses.
If you are facing issues related to child support and medical expenses, it is crucial to consult with a knowledgeable family lawyer. Naomi Cramer, a top New Zealand family lawyer, can provide you with the expert guidance and representation you need to navigate this complex area of law and protect your children’s best 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.
