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Child Support Act 1991

Liability to pay child support under formula assessment - Liable parents and receiving carers

17: Determining who are liable parents and receiving carers

You could also call this:

"Finding out who pays and who gets child support"

When deciding who must pay child support and who can receive it, the Commissioner needs to figure out who the liable parents and receiving carers are for each child who qualifies for support.

You're considered a liable parent if the percentage of your income is the same as or more than the percentage of care you provide for the child.

You're considered a receiving carer if you're a parent and the percentage of your income is less than the percentage of care you give to the child.

If you're a parent who provides all the care (100%) and all the income (100%) for the child, you're still considered a receiving carer.

If you're not the child's parent but you take care of the child for at least 35% of the time, you're also considered a receiving carer.

The Commissioner uses special rules in sections 33 and 16 of the Child Support Act to work out the exact percentages for income and care.

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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=DLM253548.

Topics:
Family and relationships > Children and parenting
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16: Determining care cost percentages, or

"How much of a child's care costs each parent is responsible for"

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18: Effect of being liable parent or receiving carer, or

"What happens when you're named as a parent who pays or a carer who receives child support"

Part 1Liability to pay child support under formula assessment
Liable parents and receiving carers

17Determining who are liable parents and receiving carers

  1. The Commissioner must determine the liable parents and receiving carers of each qualifying child, in accordance with this section.

  2. A parent of a qualifying child is a liable parent of that child if the parent's income percentage (as determined under section 33) is greater than or equal to their care cost percentage for that child (as determined under section 16).

  3. A parent of a qualifying child is a receiving carer of the child if the parent's income percentage is less than their care cost percentage for the child.

  4. Despite subsections (2) and (3), a parent whose income percentage is 100% and whose care cost percentage is also 100% is a receiving carer.

  5. A non-parent carer of a qualifying child is a receiving carer of the child if the carer provides at least 35% of ongoing daily care to the child.

Notes
  • Section 17: replaced, on , by section 10 of the Child Support Amendment Act 2013 (2013 No 12).