Child Support Act 1991

Liability to pay child support under formula assessment - Determining care cost percentages

14: Commissioner to establish proportions of care

You could also call this:

"The government works out how much time parents spend caring for their child"

The Commissioner must figure out how much daily care each parent and non-parent carer gives to a child when someone applies for child support. This is based on the information given in the application or any extra information the Commissioner asks for.

If two or more people who live together care for a child, only one of them can be called a carer. The care given by the others is counted as part of the first person's care. If one of these people is the child's parent, that parent must be the one treated as the carer.

If a child is getting payments under section 363 of the Oranga Tamariki Act 1989, their parents are considered to give no daily care to the child at all.

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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=DLM253542.


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13A: Cases where formula assessment to be refused, or

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


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15: How Commissioner establishes proportions of care, or

"How the Commissioner figures out who cares for a child and for how long"

Part 1Liability to pay child support under formula assessment
Determining care cost percentages

14Commissioner to establish proportions of care

  1. The Commissioner must establish, for each qualifying child to whom a properly completed application relates, the proportion of ongoing daily care that each parent and non-parent carer identified in the application, or in other information provided following a request under section 13(2), provides to the child.

  2. If 2 or more people who live together each provide ongoing daily care to a child,—

  3. only 1 of those people may be treated as a carer, and the care provided by the other persons must be treated as part of the care provided by the first person; and
    1. if 1 of the people is a parent of the child, that person must be treated as the carer.
      1. The parents of a qualifying child in respect of whom payments are being made under section 363 of the Oranga Tamariki Act 1989 are deemed to provide no ongoing daily care to the child.

      Notes
      • Section 14: replaced, on , by section 10 of the Child Support Amendment Act 2013 (2013 No 12).
      • Section 14(3): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).