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Question Details: I made child support payments directly into my ex-wife’s account under a voluntary agreement. The Child Support Act s 106 does not recognise voluntary arrangements. I have applied for a review of the payments but this will be assessed at minimum support (when I paid over and above this amount). Because she went on a benefit and did not furnish my correct details, I was never notified about changes to her circumstances and continued to pay into her account. Is there anything I can do to recover these child support over-payments?
Filed under Family Law | 1577 View(s)
Community Law Wellington & Hutt Valley
Without your ex-wife's agreement, it will be difficult for you to recover your past child support over-payments. This is because they were paid directly into your ex-wife's bank account under a voluntary agreement, rather than through the IRD.
However, you can apply to the IRD for an 'administrative review' of your future child support payment assessment, that takes into account these past over-payments. You can make an application for a child support review using IRD form IR 470, available by clicking this link here: www.ird.govt.nz
To be eligible to apply for a child support review you need to satisfy one of 10 grounds for review. Based on the information provided by you, you may be eligible under Ground 9: 'You're the paying parent and the assessment doesn't take into account that you have previously made payments...for the benefit of the child'.
More information on the child support review process is available on the IRD website (click this link: www.ird.govt.nz and in particular in the IRD booklet 'Helping you to understand child support reviews' (click here to read it: www.ird.govt.nz).
Answered 2 Dec 2012. The IMPORTANT NOTICE below is part of this answer.
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