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Child Support Act 1991

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

26: Miscellaneous provisions relating to death of carer

You could also call this:

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

If the person who takes care of a child (the receiving carer) dies, there are special rules about child support payments. If child support keeps being paid for 28 days after the carer dies, any money the government holds for those 28 days will be given back to the parent who pays child support.

Sometimes, child support keeps being paid until a new person starts taking care of the child. In this case, the new carer is treated as if they started caring for the child right after the previous carer died. It’s also treated as if they applied to be the new carer on the day after the previous carer died.

These rules help make sure that child support payments are handled fairly when a child’s carer passes away.

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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=DLM253564.

Topics:
Family and relationships > Children and parenting
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25: When liability to pay child support ceases, or

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

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27: Election by receiving carer to end formula assessment, or

"Carer can ask to stop the child support calculation"

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

26Miscellaneous provisions relating to death of carer

  1. Where child support continues to be payable in terms of section 25(3)(a)(i) until the 28th day after the date of death of the receiving carer, child support payments held by the Commissioner relating to the period commencing on the day following the date of death and ending with the day on which the child support payments cease shall be refunded to the liable parent.

  2. Where child support continues to be payable in terms of section 25(3)(a)(ii) until the day on which a formula assessment in relation to a new application commences to apply, this Act shall apply as if—

  3. the receiving carer in relation to the new application was the receiving carer from the day following the date of death of the previous receiving carer; and
    1. the new application was received on the day following the date of death of the previous receiving carer.

      Notes
      • Section 26 heading: amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
      • Section 26(1): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
      • Section 26(2): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
      • Section 26(2)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
      • Section 26(2)(b): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).