Plain language law

New Zealand law explained for everyone

Child Support Act 1991

Liability to pay child support under formula assessment - General principles concerning liability to pay child support

5: Children who qualify for child support

You could also call this:

"Who can get child support: rules for children"

You can get child support for a child if they meet certain conditions. The child must be under 18 years old, or 18 and still in school. They can't be living with someone in a marriage, civil union, or de facto relationship. If the child is 16 or older, they can't be financially independent. The child also needs to be a New Zealand citizen or usually live in New Zealand.

'School' means a registered school in New Zealand or an overseas school. If a child goes to school until the end of the school year, they're considered to be in school until 31 December of that year.

Even if a child is still in school, they can only get child support until 31 December of the year they turn 18. After that date, they don't qualify for child support anymore, even if they're still going to school.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM253515.

Topics:
Family and relationships > Children and parenting
Previous

4A: Overview of child support payable under formula assessment, or

"How child support payments are worked out using a special formula"

Next

6: Parents by whom child support payable, or

"Who can be asked to pay child support for a child"

Part 1Liability to pay child support under formula assessment
General principles concerning liability to pay child support

5Children who qualify for child support

  1. A child qualifies for child support if he or she—

  2. is under the age of 18, or is aged 18 and enrolled at and attending a school; and
    1. is not living with another person in a marriage, civil union or de facto relationship; and
      1. in the case of a person aged 16 or older, is not financially independent; and
        1. is a New Zealand citizen or is ordinarily resident in New Zealand.

          1. In subsection (1)(a), school means—

          2. a registered school (as defined in section 10(1) of the Education and Training Act 2020); or
            1. an overseas school.

              1. A child who is enrolled at a registered school and attends it until the end of the school's academic year is deemed to be enrolled at and attending the school until 31 December in that year.

              2. However, the latest that a child qualifies for child support is 31 December in the year in which they turn 18, regardless of whether they are still enrolled at and attending a school after that date.

              Notes
              • Section 5(1)(a): replaced, on , by section 9(1) of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 5(1)(c): amended, on , by section 5(1) of the Child Support Amendment Act 2021 (2021 No 6).
              • Section 5(1)(b): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
              • Section 5(2): inserted, on , by section 9(2) of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 5(2)(a): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
              • Section 5(3): inserted, on , by section 9(2) of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 5(4): replaced, on , by section 5(2) of the Child Support Amendment Act 2021 (2021 No 6).