Child Support Act 1991

Liability to pay child support under formula assessment - Termination of liability to pay child support under formula assessment

25: When liability to pay child support ceases

You could also call this:

"When you don't have to pay child support anymore"

A parent who has to pay child support stops having to pay when certain things happen. You stop having to pay child support for a child when the child is no longer qualified, is adopted, dies, or stops needing payments under a special law called the Oranga Tamariki Act 1989.

You also stop having to pay child support if you're no longer considered a liable parent. This can happen if you're not a New Zealand citizen, not usually living in New Zealand, or not living in a country that has an agreement with New Zealand about child support. You also stop being liable if you're not allowed to pay child support for that child anymore, or if you die.

If you're paying child support to a specific carer, you stop having to pay them in some situations. This includes if the carer dies (although you might have to keep paying for a short time), if the carer stops looking after the child for at least 35% of the time, or if you start living with the carer as a couple. You also stop paying that carer if you make a special agreement about child support that the government accepts.

If you choose to end your child support assessment for a child and the government agrees, you stop having to pay on the day the government got your request, or on a later day if you asked for that.

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 It might be out of date or be missing some parts.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=DLM253561.


Previous

24: Duty to make assessment, or

"This rule about figuring out child support payments was removed in 2015"


Next

26: Miscellaneous provisions relating to death of carer, or

"What happens to child support when the person caring for a child passes away"

Part 1Liability to pay child support under formula assessment
Termination of liability to pay child support under formula assessment

25When liability to pay child support ceases

  1. A liable parent ceases to be liable to pay child support in respect of a qualifying child under a formula assessment on the day before the date on which the child—

  2. ceases to be a qualifying child; or
    1. is adopted; or
      1. dies; or
        1. in any case to which section 8(2) applied, ceases to be a child in respect of whom payments are required to be made under section 363 of the Oranga Tamariki Act 1989.
          1. A liable parent ceases to be liable to pay child support under a formula assessment on the day the parent ceases to be a liable parent under section 17, or on the day before the date on which the parent—

          2. becomes a person who is none of the following:
            1. a New Zealand citizen:
              1. a person who is ordinarily resident in New Zealand:
                1. a person who is ordinarily resident in a country with which New Zealand has entered into a reciprocal agreement for the enforcement of child support; or
                2. becomes a person from whom child support may not be sought in respect of the child by reason of section 6(2); or
                  1. dies.
                    1. A liable parent ceases to be liable to pay child support in respect of a particular receiving carer of a qualifying child under a formula assessment on the earliest of the following:

                    2. if the receiving carer dies, on the earlier of the following:
                      1. the 28th day after the date of death:
                        1. the day before the date on which a properly completed application for formula assessment is received by the Commissioner from a carer in place of the carer who has died:
                        2. the day before the date on which the receiving carer ceases to provide at least 35% of ongoing daily care to the child:
                          1. the day before the date on which the receiving carer starts to live, or resumes living, with the liable parent of the child in a marriage, civil union, or de facto relationship:
                                1. in a case where a voluntary agreement made in relation to the child between the liable parent and the carer is accepted by the Commissioner, the day before the date on which that voluntary agreement first applies, in accordance with section 59.
                                  1. Subsection (5) applies if the Commissioner accepts an election under section 27 to end a formula assessment as it applies in respect of a qualifying child.

                                  2. A liable parent ceases to be liable to pay child support in respect of the qualifying child under the formula assessment on—

                                  3. the day on which the Commissioner received the notice of election; or
                                    1. if the notice of election specified a later day on which the formula assessment as it applies in respect of the qualifying child is to end, that later day.
                                      Notes
                                      • Section 25: replaced, on , by section 11 of the Child Support Amendment Act 2013 (2013 No 12).
                                      • Section 25(1)(d): inserted, on , by section 7(1) of the Child Support Amendment Act 2021 (2021 No 6).
                                      • Section 25(3)(d): repealed, on , by section 7(2) of the Child Support Amendment Act 2021 (2021 No 6).
                                      • Section 25(3)(e): repealed, on , by section 10(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                                      • Section 25(4): inserted, on , by section 10(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                                      • Section 25(5): inserted, on , by section 10(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).