Sorrel v Jones [2019] NZFC 6041

Published 15 November 2019

Child support — departure order — income — cost of school and tuition — Child Support Act 1991, ss 35, 105 & 106 — Re M [1993] NZFLR 74 — Lyon v Wilcox and Commissioner of Inland Revenue [1994] NZFLR 634 (CA) — Clasper v Clasper [1995] 13 FRNZ 604 — Andrews v Andrews [1995] NZFLR 769 — Ewing v Ewing [1993] NZFLR 849 — Carlton v Clasper [1994] NZFLR 54. The applicant mother sought adjustment of child support on the basis that the respondent was earning more than had been assessed by the Commissioner of Inland Revenue, and she was earning less. She also sought departure on the grounds that their child was attending a Catholic school and receiving additional private tuition. After hearing evidence from the respondent and his accountant, the Judge determined the respondent's income was $121,000 not $65,000 as assessed by the commissioner. The applicant could not prove her income was less than the $25,000 assessment. As the parents were Catholic and there was reasonable expectation she would attend a Catholic school, the respondent was also to pay half of the school fees ($527). The private tuition had arisen after separation and could not have been reasonably contemplated by the parties, so respondent did not have to bear the cost of them. Judgment Date: 29 August 2019. * * * Note: names have been changed to comply with legal requirements. * * *