What to do if we can’t agree on the holidays?

Australian divorce and separation lender JustFund has launched in New Zealand and Holland Beckett is one of a handful of early adopters to partner with the provider. When navigating a separation or relationship property matter, the financial strain can sometimes stand in the way of getting the legal support you need. JustFund aims to remove that barrier by providing a flexible, accessible way to cover legal fees for relationship property matters — New Zealand’s only dedicated provider of flexible funding solutions for family law legal fees. This kind of flexible funding can be life-changing—particularly for those who are financially dependent on a partner, experiencing family violence, or trying to navigate a complex separation without the immediate financial means to proceed. By introducing legal finance early in the process, we want to help ensure that no one is denied quality legal representation simply because of their financial position. Through our partnership with JustFund, eligible clients can access a flexible line of credit to cover legal fees and expenses related to separation or relationship property proceedings. Unlike traditional lenders, JustFund does not look at income or credit scores to approve funding support for family law matters. The loan is repaid only when the relationship property matter reaches a settlement, giving clients across the socioecomonic spectrum a dignified way to access legal support and the means to pursue a fair settlement without upfront financial pressure. You can read more about JustFund on the New Zealand Herald here: Australian lender JustFund expands to NZ, aiding divorce legal costs - NZ Herald Please contact our family law team for more information or visit JustFund.co.nz.

A paternity test is a DNA test used to determine if a man is the biological father of a child. Paternity tests can be required to resolve disputes over child custody, child support, or inheritance claims. The results can be used in court to establish or disprove a biological relationship. What is the difference between a Paternity Order and a Declaration of Paternity? A paternity order is a court order that the Family Court can make, to declare that a man is the father of a child. A paternity order can also declare that a man is not the father of a child. Birth certificates require that both parents register their child’s birth. If both parents sign this, establishing paternity is a lot easier. If the father refuses to sign the birth certificate, you may choose to apply for a paternity order.    Generally, a paternity order can only be sought by the mother of the child or someone acting on her behalf (such as a lawyer). The application for a Paternity Order must be done before the child turns six. Exceptions to this age limit include if the man believed to be the father has:  Previously acknowledged paternity  Paid maintenance  Lived with the mother within the two years prior to the application.   If there is a dispute over a child’s paternity, the mother, alleged father, child, or any affected person can apply to the Family Court or High Court for a declaration of paternity, even if the alleged father or child is deceased. A person might request a declaration of paternity to establish a child’s right to inherit from the alleged father. A declaration of paternity is “conclusive evidence” of paternity meaning that it can’t be challenged. There is no time limit on applications for declarations of paternity.   If a person refuses to take a paternity test, the court may draw its own conclusions based on the available evidence. This ensures that the child’s best interests are prioritised and that legal responsibilities (such as child support) are appropriately assigned. How does a court establish paternity? A court will look at things like:  The history of the relationship between the mother and the alleged father and whether the relationship was known to anyone else.  When and how the child was conceived.  Medical evidence about the birth.  Whether the man has admitted to sexual intercourse with the mother or admitted at any time he was the father.  Whether the mother had sexual intercourse with any other man around the time of the child’s conception (to find out whether anyone else could be the child’s father).  Paternity Tests The court often recommends paternity tests (DNA tests) to determine paternity. These tests involve collecting blood or mouth swab samples from the alleged father, mother, and child. While the man can refuse the test, the court may consider this refusal in its decision.    You can talk to our family law team today about paternity testing and what it might mean for you and your family.

How does child support work? Child support is money that one parent pays to the other, when they have children together but are no longer in a relationship. The amount paid depends on the incomes of both parents and how much time the child(ren) spend with each parent on a month by month basis.  Child support is intended as a ‘balancing’ payment in order to equalize the cost of raising a child between parents. It aims to ensure that one parent is not unfairly disadvantaged by bearing a disproportionate share of the financial responsibilities associated with childcare.   There are three different ways to arrange child support Private Arrangement: The parents mutually agree on the details of child support between themselves, including who will pay, the amount, and the payment schedule. Since Inland Revenue (IRD) is not involved, this arrangement is not legally binding.  Voluntary Agreement: The parents agree on the details of the child support payments and register the agreement with the IRD, which then arranges the payments.  IRD Formula Assessment: Generally either parent can apply to IRD to determine the child support details and arrange the payments. This is the best option to choose when a parent is refusing to contribute voluntarily, ensuring that the financial responsibilities are fairly distributed. IRD Formula Assessment The IRD will consider a number of things when they do a formula assessment: A “living allowance”: this is your costs in supporting yourself; Any relevant “dependent child allowance”: this takes account of any children you have with your current partner (in other words, the costs of raising your other children who aren’t covered by child support); and  Any relevant “multi-group allowance”: this takes account of any children from another ex-partner that you have to pay child support. The purpose of this allowance is to make sure you’re able to pay for all your children who are covered by child support.  The IRD calculates each parent’s income, referred to as your “child support income,” by starting with your taxable income (before-tax income) and making specific deductions. IRD then compares the child support incomes of both parents. The difference between these incomes is used to determine who is responsible for paying child support, taking into account the difference in care costs.  You can use this calculator to estimate the amount of child support you may receive or pay, based on an IRD Formula Assessment.  Liable parents who are new to child support and earn salary or wages, will have child support payments deducted by their employer. The IRD will let their employer know how much to deduct and when. If the liable parent does not receive salary or wages, they can set up an automatic payment or direct debit.  If your income has changed you can ask IRD to take this into account. You can read more about how child support is calculated here.  Important things to remember Your new partner’s income isn’t taken into account for child support purposes, because they don’t have any legal responsibility to financially support your children. A parent might also pay child support to a non-parent carer – for example, Oranga Tamariki or a grandparent - who provides a significant proportion of the child’s on-going daily care.  It is important to remember that child support is a separate matter to child care arrangements, the IRD does not deal with child matters other than child support.  Parents should not use child support as a ‘bargaining tool’ when organizing care arrangements.  IRD child support debt remains even after the child turns 18 and is not discharged through bankruptcy. Private child support arrangements may be more favourable than those managed through the IRD, but it’s important to remember that these private agreements are not legally binding. Spousal agreements can include child support arrangements. You can talk to our specialist team today about organizing a private child support agreement.