Download This PaperA Trio of Child Support Cases
(2008) 6 NZFLJ 107
Victoria University of Wellington Legal Research Paper No. 35/2019
4 Pages Posted: 12 Dec 2014 Last revised: 8 Jun 2019
Date Written: 2008
Abstract
The Child Support Act 1991 sits awkwardly in the framework of family law statutes in New Zealand. Governed by the Inland Revenue Department, it is not typical of legislation of its kind, as it does not expressly consider the best interests of the child. However, the cases of C v L [Child Abduction], Commissioner of Inland Revenue v DJP, and Inland Revenue Department v C, have all held that the best interests of the child can play a decisive role under the Act. This article explains why these cases typify the shortcomings of the Act, especially in terms of misconduct, and shows why wholesale changes to the legislation are needed.
Keywords: Family Law; Child Support; Welfare of Child; Law Reform
JEL Classification: K39
Suggested Citation: Suggested Citation
Bill Atkin (Contact Author)
Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )
PO Box 600
Wellington, 6140
New Zealand