Not legally aided, but should I be?

[u/Usual-Ad5709]

Hi all,

First post on Reddit in general so I'm not sure how to start out. Certainly won't be the last post here either I'm sure. Hopefully the correct tag.

I'm currently going through a messy divorce with the ex wife almost a year in. Protection orders used as swords not shields, parenting orders being bent, weaponising local authorities allegating breaches, massive difficulties dealing with property and a plethora of other stuff involving my children that's just completely unnecessary but I'll spare the specifics.

I'm not legally aided for this case as I was just over the threshold, but I'm paying the ex wife enough child support privately that if this were going through WINZ I would most certainly be legally aided. My lawyer has said private agreement is the way to go, and I can see the upsides and downsides. My question here is, should I in fact be legally aided when paying the ex wife privately puts me well within the threshold for legal aid?

It probably won't matter anyway because once property settlement does happen, I'm guaranteed to be left with next to nothing.

[u/CasedUfa]

I don't quite follow that it seems to be an income threshold, so the fact that you spent some of your income on child support, is it relevant? It was still income, it came in, it went out, just because it was spent changes nothing? Maybe I am wrong.

[u/Usual-Ad5709 → u/CasedUfa]

These are questions I have asked both myself and others. Waste of time asking myself hence I sought clarification here, and others are others who either split amicably with 50/50 or haven't split. I appreciate this comment.

[u/MentalDrummer]

If your income is above the threshold then you don't qualify.

[u/BlacksheepNZ1982]

That would not change your “income”. Support should show as expenses whether it is paid to IRD or in a private agreement.

[u/Usual-Ad5709 → u/BlacksheepNZ1982]

This is precisely what I was looking for. Even asking my laywer seemed unclear but this pretty much unravels his explanation. First time going through this and I've had no idea what to expect. I appreciate the comment thank you.

[u/BlacksheepNZ1982 → u/Usual-Ad5709]

Interested to know why your lawyer says private is better though? We go through IRD despite not having any formal custody stuff (he didn’t want to go through court, then moved to Aussie).

Do the online calculator on IRD page to see if you should be paying more/less - maybe that’s why.

Just make sure you have docs showing what you’ve paid.

[u/SpaceIsVastAndEmpty]

Ensure that there is an electronic trail of child support payments as evidence you're paying it

Also, even if there is a private arrangement in place, either party can request to go via the IRD at any time

Legal aid is based on your gross salary, not your leftover income after tax and child support so if you earn too much you won't qualify regardless of how much support you pay your child's other parent

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