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Child Support Act 1991

Liability to pay child support under formula assessment - Application for formula assessment

8: Who may apply for formula assessment

You could also call this:

"Parents or carers can ask for help figuring out child support payments"

Illustration for Child Support Act 1991

You can ask for a formula assessment of child support for a qualifying child if you are their parent or carer. You do this by applying to the Commissioner.

There's a special rule for some children. If payments are being made for a child under section 363 of the Oranga Tamariki Act 1989, only two types of people can apply for a formula assessment:

  1. The person in charge of the government department that looks after the Oranga Tamariki Act 1989.

  2. A group or organisation that has been approved under section 396 of that Act.

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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=DLM253527.

Topics:
Family and relationships > Children and parenting
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7B: Assumptions about parents of child, or

"What the government thinks about a child's parents when working out child support"

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9: UCB beneficiaries must apply for formula assessment, or

"If you get money for looking after a child, you need to ask for child support from the parents"

Part 1Liability to pay child support under formula assessment
Application for formula assessment

8Who may apply for formula assessment

  1. Any parent or carer of a qualifying child may apply to the Commissioner for a formula assessment of child support payable in respect of the child.

  2. However, if a qualifying child is a child in respect of whom payments are being made under section 363 of the Oranga Tamariki Act 1989, then, despite subsection (1), the only person who may apply for a formula assessment in relation to the child is either of the following:

  3. the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989; or
    1. a body or organisation approved under section 396 of that Act.

      Notes
      • Section 8: replaced, on , by section 10 of the Child Support Amendment Act 2013 (2013 No 12).
      • Section 8(1): replaced, on , by section 7 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
      • Section 8(2): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 8(2)(a): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).