How Does Shared Custody Affect Child Support Payments in New Zealand?
When parents separate or divorce in New Zealand, determining child support payments can become a complex issue, especially when shared custody arrangements are involved. Shared custody, also known as shared care, refers to a situation where both parents have significant periods of care for their children. This article will explore how shared custody affects child support payments under New Zealand family law.
Understanding Child Support in New Zealand
In New Zealand, child support is governed by the Child Support Act 1991. The purpose of child support is to ensure that both parents contribute financially to their children’s upbringing, even if they are not living together. The amount of child support payable is generally 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.
Shared Custody and the Care of Children Act 2004
The Care of Children Act 2004 is the primary legislation that governs parenting arrangements in New Zealand. This Act emphasizes the importance of both parents being involved in their children’s lives and encourages shared parenting arrangements where appropriate. Section 5 of the Care of Children Act 2004 states:
“The purpose of this Act is to—
(a) promote children’s welfare and best interests, and facilitate their development, by helping to ensure that appropriate arrangements are in place for their guardianship and care; and
(b) recognise certain rights of children.”
When parents have shared custody, it can impact how child support is calculated and paid.
Calculating Child Support with Shared Custody
When parents have shared custody, the child support formula takes into account the amount of time each parent spends caring for the children. The more time a parent spends caring for the children, the less child support they may be required to pay or the more they may be entitled to receive.
The Child Support Act 1991 defines shared care as a situation where each parent provides care for the child for at least 40% of the time. When shared care is established, the child support formula is adjusted to reflect the increased costs of both parents providing care.
Departing from the Child Support Formula
In some cases, the child support formula may not adequately reflect the unique circumstances of a shared custody arrangement. In such situations, either parent can apply to the Family Court for a departure from the formula assessment. The court will consider factors such as the income and expenses of each parent, the care arrangements for the children, and any special needs of the children when determining whether a departure is warranted.
Seeking Legal Advice for Shared Custody and Child Support
Navigating shared custody and child support can be challenging, especially when parents disagree on the arrangements. It is essential to seek legal advice from an experienced family lawyer who can help you understand your rights and obligations under New Zealand family law. A skilled lawyer can also assist you in negotiating a fair and workable shared custody and child support agreement.
For expert legal guidance on shared custody and child support matters, consider contacting Naomi Cramer, one of New Zealand’s top family lawyers. Naomi has extensive experience helping clients navigate the complexities of family law and can provide you with the advice and representation you need to achieve the best possible outcome for your family.
Conclusion
Shared custody can have a significant impact on child support payments in New Zealand. The child support formula takes into account the amount of time each parent spends caring for the children, and adjustments can be made to reflect the increased costs of shared care. However, in some cases, departing from the formula assessment may be necessary to ensure a fair and equitable outcome. If you are dealing with shared custody and child support issues, it is crucial to seek legal advice from an experienced family lawyer like Naomi Cramer to protect your rights and interests.
For more information on family law topics, check out Naomi Cramer’s informative YouTube channel, where she discusses a range of issues related to separation, divorce, and child custody in New Zealand.
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.
