L am the legal guardian of my daughter who was involved in a car accident 12yrs ago leaving her a quadraplegic, unable

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Customer: Good morning, my name is ***** ***** am the legal guardian of my daughter who was involved in a car accident 12yrs ago leaving her a quadraplegic, unable to speak or move but can understand when talking to her face to face. My problem is that unbeknown to me she has been paying child support for a number of years due to her husband being on a benefit with their two sons...l would like to know if it's possible to have their marriage annulled after 12yrs...she has never slept or been with her husband more than a day at the most....please can you offer some advice,,,thank you
JA: What state are you in? Guardianship law varies by location.
Customer: New Zealand
JA: Do the biological parents consent to the guardianship?
Customer: l am already her legal guardian
JA: Anything else you want the Lawyer to know before I connect you?
Customer: my daughter is 41yrs of age and had the accident when she was 28, she was a passenger
Answered by Chris The Lawyer in 21 hours 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

She can get the marriage dissolved but this will not affect child support. If she is on ACC benefits then the child support will continue even if the marriage is dissolved

Customer
My daughter is a quadraplegic, and is incapacitated, without speech or movement...l am her legal guardian/mother and is not on an ACC benefit but sickness benefit which all her finances are held with Public Trust who have power of attorney, due to the vehicle accident which left her youngest child deceased at the scene and later an aunt of her husbands passed away in Hamilton hospital due to injuries....her husband went to sleep on the wheel and the accident was car versus tree...
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Chris The Lawyer, Expert

Is she paying the minimum amount? It is not the father chasing this, as if he is on a benefit he is required to apply for child support. The system can be relentlessly bureaucratic sometimes.

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Chris The Lawyer, Expert

It it is possible to apply to have child support review however and there are a number of grounds. The most relevant I have posted below:-

Ground 3 - You have necessary expenses in supporting yourself

This ground applies when the ability of either parent to support their children is significantly reduced by commitments that are necessary for that parent to support themselves.

You can apply under this ground if you are paying off loans or have high medical costs.

You will need all of these things to apply:

  • a list of the costs necessary for your support (you should explain why the expenses are necessary and give details of any steps you've taken to reduce them)
  • confirmation of your current earnings if you earn a salary or wages
  • if you're in business, details of your interest in the business, your latest profit and loss statement and balance sheet
  • if you have loan commitments, the loan start date, term and purpose, minimum liability and actual repayments
  • your financial details.
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Chris The Lawyer, Expert

As her guardian you can make the application to Inland Revenue for the review, and it is not a complicated process. You won't need a lawyer

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