I need some advice about separating from my partner. We have 2 kids. I'm the sole bread. I'm the main bread winner. Kids

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Customer: I need some advice about separating from my partner. We have 2 kids. I'm the sole bread
JA: What are the assets involved here? Are there any minor children?
Customer: I'm the main bread winner. Kids are 11 and 6 yrs old. We have a house. Do I have to pay maintenance to my partner if we separate? He doesn't have an independent regular income
JA: Where are you located? Divorce laws vary by state.
Customer: I'm in New zealand
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My partner and I are disagreeing about vaccinating our children against covid
Answered by Chris The Lawyer in 25 mins 8 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 separate, there may be child support depending on who looks after the children most of the time. It is possible he could claim spousal maintenance for a period, but otherwise he would need to get a WINZ benefit or a job.

If you want the children vaccinated, and he refuses you can apply to the Family Court to permit this

You may have further questions, please feel free to reepond with them

Customer
hi, I want to know what I'm required to pay to my partner if we separate. he doesn't have a regular independent income. do I have to pay maintenance as well ss child support? also do we have to split all our assets 50/50. I ask because my partner has not contributed income for most of our relationship and I'm scared of losing everything and starting again from scratches
Customer
if he gets winz support, do I still have to pay him maintenance?
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Chris The Lawyer, Expert

The property does usually need to be split 50/50. If he is on a WINZ benefit you do not need to pay him anything

Customer
what if he can't afford rent in a decent place for our kids? we would want to split child custody
Customer
also if gets winz support, and we share child custody 50/50, do I still need to pay child maintenance?
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Chris The Lawyer, Expert

Child support is based on income. So if your income is substantially more than his, you may need to pay child support even with 50/50 care. But the child support would then be paid to WINZ so he would not get it himself

Customer
my income is $150k
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Chris The Lawyer, Expert

Its likely you will need to pay child support
Customer
thanks Chris. Is there a calculation or methodology for how much child support I'll have to pay?
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Chris The Lawyer, Expert

Look at the Inland Revenue website which has a good section on the calculation and you can use this to work out the payments

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Chris The Lawyer, Expert

<span lang="EN-NZ" style="font-size:12.0pt;line-height:107%;
font-family:"Garamond",serif">I hope this has been useful, and feel free to
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