McLaughlin v Raymond [2021] NZFC 10075

Published 28 January 2022

Child support — departure order — formula assessment — Child Support Act 1991, ss 104, 106 & 125. The applicant applied for a departure order from the formula assessment of his child support payments. The respondent did not challenge the application. The applicant had not provided an assessment of his income when initially given the opportunity to do so, and so his income was estimated to be NZD$69,420. The applicant submitted this was incorrect, and that his actual income was AUD$22,760 from a disability benefit. The $11,704 child support assessment therefore constituted slightly over 50 per cent of his actual income. The Judge noted this would result in an unjust and inequitable determination, and granted the departure order as sought by the respondent. Judgment Date: 7 October 2021. * * * Note: names have been changed to comply with legal requirements. * * *