Contents
Child Support : Contents

Insufficient evidence available to identify liable parent

There must be enough (sufficient) legal evidence available to establish who one or both of the liable parents are, for an Unsupported Child's Benefit carer to need to apply for Child Support.

Enough evidence available

Enough legal evidence to establish who the liable parent is means any of the following:

  • parenthood acknowledged by liable parent - any situation a person has accepted they are a parent of the child or
  • liable parent named on child's Birth Certificate - parent(s) of the child is or are recorded by the Register of Births or overseas jurisdiction or
  • liable parent named in legal declaration - a person has acknowledged or declared, in writing or before a court, they are a parent of the child or
  • liable parent named on Marriage Certificate - one parent was married to the other recognised parent when the child was conceived or
  • liable parent named on court decision documents - a New Zealand court or overseas authority has appointed, declared, or found a person to be a parent of the child, made a paternity order against that person, declared that person a step-parent, or found that person to be the father of the child

As long as one or both parents can be legally identified, the carer is generally required to apply for Child Support. Inland Revenue will assess the identified parent(s) and decide how much Child Support they need to pay.

However, if only one parent is legally identified but another specified reason applies, the carer is not required to apply for a formula assessment from Inland Revenue. For example, there would be a risk of violence if the carer was to apply for Child Support from that parent.

Legislation