Family Court Lump Sum Payment
The mother of my children is going to the Family Court asking them to make me pay a lump sum Child Support payment.
I have always paid my fair share of child support and am currently paying $2000 NZD per month for 2 children. I went into arrears last year and the previous year when I was unemployed for a few months but am currently paying that back. I am living in Australia and there is no form of assistance for unemployed Kiwi’s over here so I had no choice but to go into arrears and missed about 5 payments over a two year period. Other than that I have always paid the full amount on or before the 20th of the month for the past 11 years and have always paid at the higher end of the scale.
She has hit me with admin review after admin review and always manages to win despite the fact that I was already paying a huge amount but the Admin Review people seem to be a happy hunting ground for greedy custodial parents who want to put their ex-spouses into severe financial hardship. I have always had custody of at least one of our 3 children and have always wanted to be in my children’s lives but she has breached parenting order after parenting order meaning that I have seen very little of my non-custodial children over the last 11 years. The Family Court did nothing to enforce the order despite repeated attempts by me to have it enforced.
Anyway I will cut to the chase. I have just received the details of her latest admin review claims. The review is scheduled to take place in a few weeks and I will defend it. It’s the same old same old crap but with a twist this time. The twist is that she has a hearing booked with the Family Court in March. She is going to ask them to force me to make a lump sum payment in advance for the 20014 – 2018 period for my daughter. My daughter will be 19 in 2018.
I am a responsible parent who always pays my dues and I just don’t get this. Why would they even give her a hearing? I am about to fill out an IR 178 which was given to me by the CS Admin Review people. I will fill it out and it will prove that I spend more then what I earn on frivolous luxuries like food and mortgage and credit card repayments but I have lost all faith in the NZ institutions and am really worried. Can the Family Court really make me pay a lump sum in advance? It would be about $70,000 all up for my daughter over the 2014 – 2018 period.
Is there a precedent for it and can they force me to sell my Australian house (not that there’s any equity in it and it’s half owned by my new wife). I have been paying my assessed amount + arrears and living on the bones of my backside as a result but at least no one can say that I have been in any way avoiding my Child tax! Can someone please advise me on this? You can’t get blood out of a stone but I am worried that they will give it a go anyway. I am happy to supply my contact details if anyone would like to respond.