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anyone divorced and agreed more than the child support outlined by IRD?

anyone divorced and agreed more than the child support outlined by IRD?

Old Feb 28th 2013, 9:54 am
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Default anyone divorced and agreed more than the child support outlined by IRD?

Friend is in a pickle. She lives overseas in a tax free country and her husband is playing silly beggars and they are separating. Despite earning much more than the capped amount detailed by the IRD he is giving her the amount detailed exactly on the website. Where they live that just about matches her grocery bills currently. He's told her to live in her means while he's checked into a 5 star hotel to shag at his heart's content.

Is there any hope that she could get some more cash (children all below 5). There are very few spouses who work here as the spousal visa is prohibitive.
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Old Feb 28th 2013, 7:32 pm
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Default Re: anyone divorced and agreed more than the child support outlined by IRD?

Originally Posted by al dente
Friend is in a pickle. She lives overseas in a tax free country and her husband is playing silly beggars and they are separating. Despite earning much more than the capped amount detailed by the IRD he is giving her the amount detailed exactly on the website. Where they live that just about matches her grocery bills currently. He's told her to live in her means while he's checked into a 5 star hotel to shag at his heart's content.

Is there any hope that she could get some more cash (children all below 5). There are very few spouses who work here as the spousal visa is prohibitive.
Depends where they are and the laws in that country IMHO, can't see that IRD's figures are at all relevant except as a point of discussion. Best to keep the emotive statements out of requests for guidance....
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Old Feb 28th 2013, 11:51 pm
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Default Re: anyone divorced and agreed more than the child support outlined by IRD?

Originally Posted by al dente
Friend is in a pickle. She lives overseas in a tax free country and her husband is playing silly beggars and they are separating. Despite earning much more than the capped amount detailed by the IRD he is giving her the amount detailed exactly on the website. Where they live that just about matches her grocery bills currently. He's told her to live in her means while he's checked into a 5 star hotel to shag at his heart's content.

Is there any hope that she could get some more cash (children all below 5). There are very few spouses who work here as the spousal visa is prohibitive.
Would this not be best posted in the forum of the country concerned? Or am I missing something?
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Old Mar 1st 2013, 6:46 am
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Default Re: anyone divorced and agreed more than the child support outlined by IRD?

Originally Posted by Sherlock Holmes
Would this not be best posted in the forum of the country concerned? Or am I missing something?
Unlikely to divorce where they live much more likely to do it in NZ.
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Old Mar 1st 2013, 6:49 am
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Default Re: anyone divorced and agreed more than the child support outlined by IRD?

Originally Posted by simonsi
Depends where they are and the laws in that country IMHO, can't see that IRD's figures are at all relevant except as a point of discussion. Best to keep the emotive statements out of requests for guidance....
The IRD does happen to be relevant to the couple, which is why I'm asking.

Why?

I could similarly argue that it's good practice to try to answer the actual question in the OP
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Old Mar 1st 2013, 9:38 am
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Default Re: anyone divorced and agreed more than the child support outlined by IRD?

Originally Posted by al dente
The IRD does happen to be relevant to the couple, which is why I'm asking.

Why?

I could similarly argue that it's good practice to try to answer the actual question in the OP
So if you know it is relevant and to what degree you would appear to know the answer.

If as it looks both are residing in "a tax-free country", then any judgement or decision by a NZ court or the IRD is unlikely to be enforceable to any great degree.

Of course knowing which "tax free country" might be helpful in our ability to be helpful, many treaties on such matters are specific to the countries involved, no treaty means enforcement may be impossible. Divorce (or not) is often irrelevant (and complicates matters in certain "tax free countries").

Your OP didn't mention divorce, it was centered around support payments given they were separating.

So to answer your question, yes there is hope. But consult a lawyer(s) in the country(ies) involved and give them all the information, then they might be able to give more precise advice. Many couples will have agreed on figures in excess of IRD's, that isn't the issue here as you have indicated there isn't agreement and one couples agreement isn't enforceable on another.

Why keep the emotive statements out? Because it may polarise opinion and discourage some from commenting, hence you may not get some advice you would otherwise have and I am sure your friend would rather have sound advice than sympathy.

And yes, I'm trying to give the best advice I can on the limited information provided.

Last edited by simonsi; Mar 1st 2013 at 9:41 am.
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Old Mar 1st 2013, 1:26 pm
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Default Re: anyone divorced and agreed more than the child support outlined by IRD?

Originally Posted by simonsi
So if you know it is relevant and to what degree you would appear to know the answer.

If as it looks both are residing in "a tax-free country", then any judgement or decision by a NZ court or the IRD is unlikely to be enforceable to any great degree.

Of course knowing which "tax free country" might be helpful in our ability to be helpful, many treaties on such matters are specific to the countries involved, no treaty means enforcement may be impossible. Divorce (or not) is often irrelevant (and complicates matters in certain "tax free countries").

Your OP didn't mention divorce, it was centered around support payments given they were separating.

So to answer your question, yes there is hope. But consult a lawyer(s) in the country(ies) involved and give them all the information, then they might be able to give more precise advice. Many couples will have agreed on figures in excess of IRD's, that isn't the issue here as you have indicated there isn't agreement and one couples agreement isn't enforceable on another.

Why keep the emotive statements out? Because it may polarise opinion and discourage some from commenting, hence you may not get some advice you would otherwise have and I am sure your friend would rather have sound advice than sympathy.

And yes, I'm trying to give the best advice I can on the limited information provided.
But some people may be prompted to comment because they feel more empathy/ bitterness by the post. Thanks for your reasoned reply though, it is genuinely appreciated.

There will be no treaties with current country of residence i expect, as we're in the UAE. He has met someone else, though denying it's ongoing (despite still being seen around with said girlfriend). He's Australian, also with a British passport. They lived in London for 6 years before coming here, though they got married in NZ on holiday.

Their three children have British passports only at the moment. I understand whatever he agrees to pay will be very difficult to enforce but it's better than having no agreement at all.

I suspect that he's looked on the IRD website and is offering this amount as it suits him the most. However, it may be better than shariah... I just wondered if other couples do go over and above the payments detailed on there. Not to say there is a precedence and he must follow, but to demonstrate that it is possible.

Have also found a lawyer locally but not one that was highly recommended. They must all be hiding somewhere because I struggled to even find one...
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Old Mar 1st 2013, 5:55 pm
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Default Re: anyone divorced and agreed more than the child support outlined by IRD?

Finding a lawyer is a must.

What is the NZ relevance? Children are British, he is Aus/British dual, she is British??

Getting married in NZ doesnt confer any particular relevance of NZ in this as far as I can tell - except he has chosen the IRD figure to quote out of all the possible calculation methods on the internet?

Get your friend to document her and the childrens living costs both prior to and since the seperation and work from there with the lawyer but I cant see any NZ relevance in the discussion.

As Sherlock said, this thread may be better in the UAE forum....their laws/customs/procedures are relevant, unless she takes the children abroad - but in general it is wise to seek local court approval before taking children out of their country of residence.
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Old Mar 2nd 2013, 5:44 am
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Default Re: anyone divorced and agreed more than the child support outlined by IRD?

Originally Posted by simonsi
Finding a lawyer is a must.

What is the NZ relevance? Children are British, he is Aus/British dual, she is British??

Getting married in NZ doesnt confer any particular relevance of NZ in this as far as I can tell - except he has chosen the IRD figure to quote out of all the possible calculation methods on the internet?

Get your friend to document her and the childrens living costs both prior to and since the seperation and work from there with the lawyer but I cant see any NZ relevance in the discussion.

As Sherlock said, this thread may be better in the UAE forum....their laws/customs/procedures are relevant, unless she takes the children abroad - but in general it is wise to seek local court approval before taking children out of their country of residence.
Thanks. Documenting costs is a great idea. Thanks for all you help.
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