What if the paying parent lives in another country

When parents separate or divorce in New Zealand, one of the most important considerations is ensuring that both parents continue to financially support their children, even if one parent lives in another country. The Care of Children Act 2004 and other relevant legislation provide guidance on how to handle child support payments when the paying parent resides overseas. As a leading family lawyer in New Zealand, Naomi Cramer is well-equipped to help clients navigate this complex situation.

Enforcing child support payments from overseas

New Zealand has agreements with several countries to enforce child support payments when the paying parent lives abroad. These agreements, known as reciprocal arrangements, allow the New Zealand Inland Revenue Department (IRD) to work with the relevant authorities in the other country to collect child support on behalf of the receiving parent in New Zealand.

Under the Care of Children Act 2004, the IRD can take various actions to enforce child support payments from overseas, including:

• Issuing a notice of assessment to the paying parent
• Requesting the overseas authority to enforce the payment
• Applying for a court order in the paying parent’s country of residence

Countries with reciprocal arrangements

New Zealand currently has reciprocal arrangements for enforcing child support payments with the following countries:

• Australia
• United Kingdom
• United States of America
• Canada
• Netherlands
• Poland
• Norway
• Fiji

If the paying parent lives in one of these countries, the IRD can work with the relevant authorities to enforce child support payments. However, if the paying parent resides in a country without a reciprocal arrangement, enforcing payments can be more challenging.

Applying for child support when the paying parent lives overseas

If you are a receiving parent in New Zealand and the paying parent lives in another country, you can apply for child support through the IRD. The process involves providing information about the paying parent, including their name, address, and any known employment details.

The IRD will then assess the paying parent’s child support liability based on their income and the number of children they are supporting. If the paying parent lives in a country with a reciprocal arrangement, the IRD will work with the relevant authorities to enforce the payment.

Challenges in enforcing international child support

Despite the existence of reciprocal arrangements and the efforts of the IRD, enforcing child support payments from overseas can be challenging. Some of the difficulties that may arise include:

• Locating the paying parent in another country
• Determining the paying parent’s income and assets
• Navigating differences in legal systems and processes
• Dealing with currency exchange rates and international transfer fees

In some cases, the paying parent may attempt to avoid their child support obligations by moving to a country without a reciprocal arrangement or by hiding their income and assets. This can make it difficult for the receiving parent to obtain the financial support they are entitled to.

Seeking legal advice for international child support cases

Given the complexities involved in enforcing child support payments from overseas, it is essential to seek the advice of an experienced family lawyer. Naomi Cramer, a top family lawyer in New Zealand, has extensive knowledge of international child support cases and can provide valuable guidance to clients in this situation.

Naomi can assist with:

• Applying for child support through the IRD
• Communicating with overseas authorities and the paying parent
• Exploring alternative options for enforcing payments, such as private agreements or court orders
• Representing clients in Family Court proceedings related to child support

By working with a skilled family lawyer like Naomi Cramer, receiving parents can increase their chances of successfully obtaining child support payments from overseas and ensuring their children’s financial needs are met.

Conclusion

When the paying parent lives in another country, enforcing child support payments can be a complex and challenging process. However, New Zealand’s reciprocal arrangements with several countries and the provisions of the Care of Children Act 2004 provide a framework for the IRD to work with overseas authorities to collect child support on behalf of receiving parents. If you find yourself in this situation, it is crucial to seek the advice of an experienced family lawyer like Naomi Cramer, who can guide you through the process and help you obtain the financial support your children deserve.

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.