The court can take the educational needs of a child into account when a court order includes child support payments. Education expenses can quickly become expensive if the child attends a private school or goes to college. Knowing if you will need to continue support through college is important for a parent to consider.
Contact an experienced Auckland child support lawyer at Cordell & Cordell to see how we can help your case.
Can Child Support Continue Through College in Auckland?
With regard to Auckland child support, a parent has the duty to support their child until the court considers the child emancipated. This includes the child turning 19 years of age if they are not attending school full-time, getting married, or entering the military.
In Auckland, a parent does have the duty to pay child support while the child of the marriage is enrolled on a full-time basis in college and potentially post-graduate education.
However, if you are paying child support for a child in college, the child must be enrolled on a full-time basis, and the child has to be shown to be making a good-faith effort in school. For example, if the child is not maintaining, at a minimum, at least C and above grades, you could potentially argue that the child is not making a good faith effort and, therefore, you should not be obligated to continue to support them throughout college. Having an estranged relationship with the child may also bolster this argument.
To ensure the child is enrolled in college, the parent paying child support has the option of filing a motion with the court requesting they be provided with grade reports and a class schedule to ensure the child is enrolled on a full-time basis and maintains an appropriate grade point average.
If your Auckland child support order requires the non-paying spouse to provide this information, then a written demand should be made. If you do not receive a response, then you can file a motion with the court.
If your children are not enrolled in college on a full-time basis and they are finished with their schooling, you argue that they are emancipated and you no longer owe them a duty of child support.
Related Article: Does Child Support Cover College Expenses?
What Factors Does a Court Look at When Deciding Child Support and College Expenses?
When a child qualifies to have college expenses covered by child support, the amount is dependent on several factors, including:
- College preparation courses
- Transportation and parking
- General living expenses (food, clothes, etc.)
Child support payments are not based only on the child’s needs but the parents’ ability to pay. They are determined by your income and the number of children you have. Factors that determine whether college expenses will be covered include:
- Whether the parent would have contributed to the child’s college education if he or she was still living with the child.
- The amount the parents would have contributed to the child’s college education
- The ability of the parent to cover the cost of college
- The amount of support requested relative to the school and area of study
- The child’s commitment to his or her college education
- The availability of financial aid from grants and loans
- The relationship between the child and the paying parent
What is the Child Support Formula For Auckland?
The child support formula in Auckland is based on several factors, such as income, parenting time, and care costs. Auckland has a child support calculator online that is free to use, though you will need some information ready in order for it to work.
On the child support guidelines, Auckland uses “PPR” (Parent of Primary Residence) for the custodial parent and “PAR” (Parent of Alternate Residence) for the non-custodial parent to determine child support obligations.
To determine child support in Auckland:
- Determine the net taxable income for both parents. Do not take the amount from a paystub, as child support guidelines include “allowable” deductions – some may or may not be on your paystub.
- Divide each parent’s net income by the combined net income of both parents.
- Input the base child support from the appendix on the child support guidelines into the worksheet.
- Compute the number of overnights with each parent.
- Divide the number of overnights for each parent by the combined number of overnights. If the number of overnights for the parent of alternative residence is less than 28 percent, complete the child support guidelines worksheet for sole custody; otherwise, continue.
- Compute the adjustment for other children, if applicable.
- Compute the self-support reserves and follow the instructions to determine the poverty level and which parent contributes financially to the other for the children’s support.
Additional Resources
- Auckland Child Custody Questions: Take a look at answers to some of the most common questions about child custody in Auckland. These answers should help you better understand how it all works.
Why Work With Cordell & Cordell
Cordell & Cordell is a nationwide law firm with child support lawyers in Auckland who have experience advocating for men in the family law system. We foster a communicative lawyer-client relationship, and we take an aggressive approach to the legal system to protect your interests and that of your child. Take a look at what some of our previous clients had to say about our services.
Client Experience
”First and foremost, [my lawyer] was an exceptional person to have worked with me on my case. He not only explained everything regarding strategies and how to proceed in great detail, he let me choose the path I took under his guidance, and I was 100% satisfied with the outcome. He was available to address any concerns at any time they arose. There were times of great concern and difficulty along the way, but he always explained and made sense out of them, which was a very valuable thing to me. Aside from my case, his personality was also outstanding, made me feel like a friend, and my comfort level was great. When I say that everyone from the beginning to the end, from my initial reception, all the paralegals that worked on my case(which was also exceptional), right through to [my lawyer] delivering the news I had that my case was finally over, was done extremely well by everyone. I would like to thank them all for their dedicated and very professional work.” — James T.
“Lauren made sure I was treated well. She listened to me and advised when I needed to keep my emotions in check. I would always refer her as she was very good.” — Kyle R.
In Need of a Auckland Child Support Lawyer? Call Cordell & Cordell.
Cordell & Cordell’s Auckland child support lawyers are licensed to practice throughout the state and are available for consultations should you seek additional information or possible legal representation. Please call 1-866-DADS-nzW to schedule an appointment.
Disclaimer: This page serves as a resource and is not to be taken as legal advice.
