New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Formula assessment

  • 24 Mar 2017

    M v M [2016] NZHC 549

    Citation
    M v M [2016] NZHC 549
    Court
    High Court

    Appeal allowed in part: correct assessment of respondent's (Mr M's) real income required excluding child support contingent on this appeal and recharacterising company drawings as reconciled shareholder salary; admitting part of the capital receipt justified a departure only for 2 Sept 2013–2 Sept 2014, but no special circumstances existed from 3 Sept 2014 onward so the departure was quashed for that later period; the s71 reimbursement order against Mr M for $2,500 was upheld and the appeal against that order dismissed.

  • 21 Aug 2013

    G D B v C D B [2013] NZHC 2054

    Citation
    [2013] NZHC 2054
    Court
    High Court

    Court held the 18 November 2009 emails constituted a mutual release of the monthly $4,000 child support obligation; however, on factual analysis payments made were appropriately apportioned so Mr Barnes was not in arrears as at 18 November; the release was not procured by duress nor was it an unconscionable bargain; further, once a formula assessment was obtained s20 suspended voluntary child support obligations (including private boarding school fees) and s65 applies only to registered agreements, so the Child Support Act prevents enforcement of suspended obligations during the assessment pe…