I currently have a 50/50 care arrangement with my ex, we have been through a mediation process and we have a signed care

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Customer: Hi there, I currently have a 50/50 care arrangement with my ex, we have been through a mediation process and we have a signed care agreement in place. A second mediation meeting has been requested and the care arrangements are up for discussion again, I have a feeling that my ex is going to request for a greater share of the care something like a 40/60 care arrangement, if I agree to this is there any legal consequence to this? i.e will that give my ex a stronger position with the say to a hypothetical legal circumstance involving the children while they are still under parental guardianship.
JA: What state are you in? Guardianship law varies by location.
Customer: Auckland, New Zealand
JA: Do the biological parents consent to the guardianship?
Customer: yes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by Chris The Lawyer in 13 mins 10 months ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.

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Chris The Lawyer, Expert

If you change the shares it will not do anything which would cause problems with guardianship in future or affect a desire to change back to 50/50.I hope this is what you mean-please ask if you need more explanation

Customer
Hi Chris, Thanks for your response yesterday I think you have kind of answered my question with this but just to make sure: sounds like anything legal to do with guardianship has no relation to care ratio's and I would still have an even say with any legal issues should they ever arise? Is this correct?
Customer
I also have a further question? According to the IRD and for the case of child care support I am currently reffered to as the 'liable parent' or main earner in the prior relationship and she is the 'receiving care' or main carer which was established at break up. This was established I assume because I was the one working fulltime and my ex was working part time while caring for the children, but now as we have the children 50/50 she now works additional hours and I expect many of those hours for cash because she is in a position to do this and this would keep her income lower.My question is another hypothetical one: If I had a greater portion of care would I become the 'receiving care' main carer? Why do I still have to pay child support when I care for them 50/50 when she is just as capable of getting a well paid job with similar hours to me?
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Chris The Lawyer, Expert

Inland Revenue do look at the proportion of care for each of you. They should be told (if you have not already) about the current 50/50 arrangement. So if you become the main carer that would change the child support you pay. The different incomes also affect the amount you pay but you have 50/50 and similar income, then you would not pay child support

Customer
Cheers ***** ***** response Chris, The IRD knows it's a 50/50 arrangement she's just declaring as little income as she can. It does seem to me IRDs valuation of child welfare is more based on who's going to pay the bills than the welfare of the children or consideration to the one paying the bills and given my ex is receiving a solo parent benefit and an accommodation supplement it seems very heavily biased. Just the way the system is currently until someone fights it and I guess the money has to come from somewhere. Not a fight I think I can win without deeper pockets or proof she is earning more than she says.
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Chris The Lawyer, Expert

There is a review process through Inland Revenue if you want to use that

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Chris The Lawyer, Expert

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

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