I'm just wanting to know how I go about recovering unpaid child support of over $41,000 my child is now 18 The father is

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Customer: Hi there I'm just wanting to know how I go about recovering unpaid child support of over $41,000 my child is now 18 The father is working selling firewood I've notified Inland revenue of this with proof, he has assets he owns that he uses to work for cash so this is allowing him not to be back paying any child-support payments by working for cash. He had entered into an arrangement to pay an extra $100 a month towards his outstanding dept and has since missed not paid for months. I feel very let down and distressed about the whole situation. I have put in letters of disagreement to IRD and to the ombudsman with no help at all. I don't feel like I've been treated like my life matters or my daughters for the last 16 years just scrapping by while He stills breaks the laws etc. My voice is unheard. Any help would be appreciated I would ideally want him taken to court fir amount outstanding.
JA: When was the last payment made? How much is owed?
Customer: The last payment made was 21 December of $190.28 he was meant to pay $634.30 not including the $100 per month that he had entered into an agreement with IRD to pay monthly. Total amount if money owing is $51,880.05. There is no way this will be paid by the time either myself or he passes which is rediculous.
JA: Has a court order been entered for any unpaid child support?
Customer: No as I am unsure how this is dine or what my rights are
JA: The Family Lawyer will be able to walk you through that. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Thankyou so much, I appreciate your help. The only other thing I can think that the Lawyer should know is I had a protection order issued against him around 16 years ago. I am unsure wether this is important to know. Thankyou again for listening.
Answered by Chris The Lawyer in 58 mins 1 year 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.
Customer
Hi Chris How do I go about getting the dept owed to me recovered
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Chris The Lawyer, Expert

It is up to inland revenue to enforce child-support payments, But if he is choosing to operate using cash and not declaring his income, that is foolish on his part because child support does not go away and remains a date for the rest of his life. That won’t help you at present, when you need the money however. The best you can do is the supplying of information about what he is doing so that if necessary they can investigate the failure to pay tax and child-support. A chance in the most extreme cases be a criminal charge.

supplying of information about what he is doing so that if necessary they can investigate the failure to pay tax and child-support. A chance in the most extreme cases be a criminal charge.

The protection order doesn’t affect his liability to pay child support however

Customer
I have sent and supplied all information on to IRD with regards ***** ***** selling firewood etc there has been no action as far as I know. IRD keep fobbing me off and wanting me to investigate further on my own, with a protection order against him I do not feel safe or helped in the slightest way to recover this dept, or enforcing payments on the dept being paid. Nothing! What a joke as long as IRD are putting penalty payments on his late payments there is no action. I have been fighting IRD for the last 2 years to recover this dept and to even get the monthly entitlement. Beyond a joke criminal charges that's also a laugh as they have been sent photos, adds from facebook, answers to wether he is WINZ approved and gst registered proving that he is cashing up and still nothing!
Customer
legally I know I can take this dept out of IRD's hands and get property seized to recover this dept, why are You not telling me this
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Chris The Lawyer, Expert

Only Inland Revenue can enforce liable parent child support. The real problem is that if he actually has no money because of his choices of lifestyle, then you cannot do much about that. As I referred to earlier, his liability for child-support continues until he dies because there is no limitation period. It also survives bankruptcy if he were to try that. But if he actually has nothing worth seizing, then there is not much which can be done.
Customer
He has plenty of assets to seize; For a lawyer I don't think yiu were very helpful, I know assets can be seized etc, You never even asked me if he had any.
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Chris The Lawyer, Expert

I assume you have told Inland Revenue about the assets. They can take action against those assets.
Customer
Did I not state this in my first message, and as a Lawyer you never assume
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Chris The Lawyer, Expert

If you have told Inland Revenue about the assets then no doubt you have already asked them to take action against those assets and there has been no response. Assets can only be seized if he actually owns them without any hire purchase and they are in his name. They also have to be actually worth something. I have no knowledge of any of those matters and can therefore give general advice

You may be getting upset with me but I have limited information about the issues. And it is the father who is the one not paying and I cannot make him pay

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Chris The Lawyer, Expert

I can clarify if I have more details, if you wanted to provide them

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