Published 16 July 2024
Child support — paternity declaration — presumption of paternity — DNA test — Child Support Act 1991, ss 7 & 102 — Status of Children Act 1969, s 10(2)-(3) — Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. The applicant sought to appeal a formula assessment issued for child support. The applicant lived in New Zealand while the respondent lived in America with their three children. The child support contention was for the youngest child. The applicant claimed that he did not believe the child was his and he did not consent to be added as the father on the child's birth certificate. The respondent had succeeded in her child support application to the child support agency in America. An assessment formula was sent to the applicant which he objected to. The applicant's objection was rejected by the Commissioner as the applicant was on the birth certificate and he was legally married to the respondent at the time of conception. The applicant submitted that they were separated at the time and filed for a declaration of non-paternity. The applicant needed to prove that he was not the child's father for the child support issue to be withdrawn. A DNA test confirmed that the applicant was the father. The application for non-paternity was withdrawn, and the appeal against the formula assessment for child support and the applicant's objection to the formula assessment were dismissed. Judgment Date: 6 March 2024 * * * Note: names have been changed to comply with legal requirements. * * *
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