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Child Support – Help

Filed under: General — Vanessa @ 9:35 am Thu 16th June 2011

Hi can someone help? My husbands ex wife has successfully applied for an admin review which we filed a cross application. The son attends private school and about a year ago she unilaterally put him into boarding saying she would meet the costs. She lives less than 9km from the school. The review officer ignored the fact no agreement was reached and said it only needed the expectation of one parent (ie her). We now pay the maximum formula asessment plus private school fees + boarding fees. A total of $2600 per month or $29,000 per year – the review officer has said we have to restructure our earnings, sell our house etc because my husband has first obligation to maintain his son in the style (she and he has become accustomed to). She has little outgoings, is the recipient of a family trust, has over 200k in the bank. I live with my husband with my daughter from a previous relationship, she objected to my husband receiving the discount for a dependants, so that was taken off us as well, my child has special needs and as such is enrolled in a non state school. My husbands income and her income are basically the same, the difference she has more cash, and no outgoings and a big Family trust. The maximum child support (1400 per month) is actually paying for her rent etc. She also gets the son to write letters to the IRD in support of her applications. We have a review hearing tommorrow for the cross application under Ground 1: The capacity of either parent to provide financial support for the child is significantly reduced because of a duty to maintain another child or person Ground 2: The capacity of either parent to provide financial support for the child is significantly reduced because it costs extra to cover the special needs of another child or person they have a duty to maintain. Ground 8: The child support assessment does not take into account the income, earning capacity, property or financial resources of either parent or the child. The issue here is she forced boarding, make us pay for it and just wants more and more

I dont hold my breath on this one but any assistance or ideas or pointing in the right direction ie relevant cases would be appreciated

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