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Child Support Act 1991

Liability to pay child support under formula assessment - Persons who are principal providers of care or who share care substantially equally

13: Notification by Commissioner of application

You could also call this:

"Commissioner tells everyone when someone asks for child support"

When someone applies for child support, the Commissioner will let you know they received the application. They will tell this to the person who applied and to all the parents and carers named in the application.

The Commissioner will then work out some important information. This includes figuring out who needs to pay child support and who will receive it. They will also calculate how much money should be paid each year for each child and in total. The Commissioner will determine when the person should start paying child support.

If the Commissioner needs more information from the person who applied, they might ask for it. They won't continue with the application until they get this extra information.

Sometimes, the Commissioner might already know some of this information. If so, they can include it in the notice they send out.

The Commissioner has to figure out all these things, but there's a rule called section 13A that might change what they need to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM253540.

Topics:
Family and relationships > Children and parenting
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13A: Cases where formula assessment to be refused, or

"When the government won't calculate child support payments"

Part 1Liability to pay child support under formula assessment
Persons who are principal providers of care or who share care substantially equally

13Notification by Commissioner of application

  1. On receiving a properly completed application for a formula assessment in respect of 1 or more qualifying children, the Commissioner must notify the applicant, and every parent and carer identified in the application, that the Commissioner has received an application for a formula assessment and will therefore ascertain—

  2. who the liable parent or parents, and who the receiving carer or carers, of the qualifying child are; and
    1. the annual amount of child support payable by any liable parent in respect of each qualifying child identified in the application; and
      1. the annual rate of child support payable by any liable parent in respect of all the liable parent's qualifying children; and
        1. the amount payable in respect of each receiving carer; and
          1. the date on which the liability of a liable parent to pay child support began or begins.

            1. If the Commissioner needs further information from the applicant (such as the name of the other parent), the Commissioner may require the applicant to provide that information and need not take further action with respect to the application until the information is provided.

            2. If the Commissioner has already ascertained some or all of the matters listed in subsection (1), the notice under this section may include that information.

            3. The Commissioner’s duty to ascertain the matters listed in subsection (1) is subject to section 13A.

            Notes
            • Section 13: replaced, on , by section 10 of the Child Support Amendment Act 2013 (2013 No 12).
            • Section 13(2): amended, on , by section 8(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
            • Section 13(4): inserted, on , by section 8(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).