Can You Get Retroactive Child Support in New Zealand?
If you are a parent in New Zealand seeking child support from your child’s other parent, you may be wondering if you can get retroactive child support. Retroactive child support refers to payments for a period of time in the past when the other parent was not providing financial support for the child. Understanding your rights and options under New Zealand family law is crucial in these situations.
What is Retroactive Child Support?
Retroactive child support is a payment made by a parent to cover a period of time in the past when they were not fulfilling their child support obligations. This can occur when a parent was unaware of their child’s existence, was not paying the full amount of support required, or had not been providing any financial support at all. In New Zealand, the ability to seek retroactive child support is governed by the Family Proceedings Act 1980 and the Care of Children Act 2004.
Applying for Retroactive Child Support in New Zealand
To apply for retroactive child support in New Zealand, you must file an application with the Family Court. The court will consider various factors when determining whether to award retroactive support, such as:
- The reasons for the delay in seeking child support
- The financial circumstances of both parents
- The needs of the child
- Any payments or contributions made by the liable parent during the period in question
It is important to note that the court may not always award retroactive child support, and the amount awarded may be limited based on the specific circumstances of the case.
Limitations on Retroactive Child Support
In New Zealand, there are some limitations on the ability to seek retroactive child support. According to the Family Proceedings Act 1980, Section 186:
This means that retroactive child support can only be sought from a child’s legal parents and not from other family members or caregivers.
Factors Considered by the Family Court
When deciding on an application for retroactive child support, the Family Court will take into account various factors, including:
- The income and earning capacity of both parents
- The assets and liabilities of both parents
- The financial needs and obligations of both parents
- The standard of living enjoyed by the child during the relationship
- Any special needs or expenses of the child
The court will also consider the length of time that has passed since the support was originally due and any reasons for the delay in seeking retroactive payments.
Seeking Legal Advice for Retroactive Child Support
If you are considering applying for retroactive child support in New Zealand, it is essential to seek legal advice from an experienced family lawyer. A skilled lawyer can help you understand your rights, gather the necessary evidence to support your case, and represent you in court proceedings.
Naomi Cramer, a leading New Zealand family lawyer, has extensive experience in handling child support cases and can provide you with the guidance and representation you need. With her in-depth knowledge of New Zealand family law and a commitment to protecting the rights of children and parents, Naomi Cramer is well-equipped to assist you in your retroactive child support case.
Conclusion: Can You Get Retroactive Child Support in New Zealand?
In conclusion, it is possible to get retroactive child support in New Zealand under certain circumstances. The Family Court will consider various factors when deciding on an application for retroactive support, including the reasons for the delay in seeking support, the financial circumstances of both parents, and the needs of the child. However, there are limitations on the ability to seek retroactive support, and it is crucial to seek legal advice from an experienced family lawyer like Naomi Cramer to ensure that your rights and the best interests of your child 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.
