Can Child Support Be Waived in a Divorce Agreement in New Zealand?
When couples with children decide to divorce in New Zealand, one of the most crucial aspects to consider is child support. Child support is a legal obligation that ensures both parents contribute financially to their children’s upbringing, even after the marriage has ended. However, many divorcing couples wonder if child support can be waived in their divorce agreement.
Understanding Child Support in New Zealand
In New Zealand, child support is governed by the Child Support Act 1991. This legislation aims to ensure that children receive adequate financial support from both parents following a separation or divorce. The amount of child support payable 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.
Can Child Support Be Waived in a Divorce Agreement?
While divorcing couples may agree on various aspects of their separation, including property division and spousal maintenance, child support is treated differently. In New Zealand, child support is considered a right of the child, not a right of the parents. As such, parents cannot simply agree to waive child support in their divorce agreement.
The Child Support Act 1991, Section 2 states:
“The parents of a qualifying child are liable to pay child support in respect of the child in accordance with this Act.”
This means that both parents have a legal duty to provide financial support for their children, regardless of any agreement they may reach during their divorce.
Exceptions to the Rule
While child support cannot be waived entirely, there are some circumstances where the amount of child support payable may be adjusted. For example, if both parents agree to a shared care arrangement, where the child spends a significant amount of time with each parent, the child support assessment may be modified to reflect this arrangement.
Additionally, if the paying parent’s financial circumstances change significantly, such as losing their job or experiencing a substantial decrease in income, they may apply to the Inland Revenue Department (IRD) for a reassessment of their child support obligations.
Seeking Legal Advice
Navigating child support issues during a divorce can be complex and emotionally challenging. It is essential for divorcing parents to seek legal advice from an experienced family lawyer who can guide them through the process and ensure their children’s best interests are protected. Naomi Cramer, a leading New Zealand family lawyer, provides valuable insights into child support and other family law matters on her YouTube channel.
Conclusion: Child Support Cannot Be Waived in a Divorce Agreement
In conclusion, child support cannot be waived in a divorce agreement in New Zealand. The Child Support Act 1991 establishes that both parents have a legal obligation to financially support their children, regardless of any agreements made during the divorce process. While some exceptions may allow for adjustments to the child support assessment, parents cannot simply opt-out of their child support responsibilities. If you are going through a divorce and have questions about child support, it is crucial to consult with a knowledgeable family lawyer like Naomi Cramer to ensure your rights and your children’s best interests are protected.
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.
