Plain language law

New Zealand law explained for everyone

Child Support Act 1991

Amount of child support payable under formula assessment made by Commissioner

30: Formula for assessing annual amount of child support

You could also call this:

“How the law figures out yearly child support payments”

The law explains how to work out how much child support a parent needs to pay each year for their child. You calculate this amount using a special formula.

The formula looks at three things:

  1. How much money the parent makes (their income percentage)
  2. How much time the parent spends caring for the child (their care cost percentage)
  3. How much it costs to raise the child (the child expenditure amount)

To use the formula, you take the parent’s income percentage, subtract their care cost percentage, and then multiply that by the child expenditure amount.

The child expenditure amount is worked out by looking at how much money both parents make together, how many children are in the family, and how old the children are. There’s a special table that helps figure this out.

If the children in the family are different ages, with some aged 0-12 and others 13 or older, there’s a slightly different way to work it out.

Sometimes, if there are unusual circumstances, the person in charge (called the Commissioner) can change how the child expenditure amount is calculated to make sure it’s fair for everyone.

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 It might be out of date or be missing some parts.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=DLM253914.

Topics:
Family and relationships > Children and parenting
Previous

29: Commissioner to assess child support payable under formula assessment, or

"The Commissioner calculates how much child support you need to pay each year"

Next

31: Annual amount of child support payable by liable parent, or

"How much child support you might need to pay each year"

Part 2 Amount of child support payable under formula assessment made by Commissioner

30Formula for assessing annual amount of child support

  1. The formula for assessing the annual amount of child support payable under a formula assessment by a liable parent in a child support year in respect of a qualifying child is the parent's income percentage minus the parent's care cost percentage, multiplied by the child expenditure amount for the child. This formula can be expressed as—

    (i% − c%) × p

    Where:

    • i% i%

      is the liable parent's income percentage determined under section 33

    • c% c%

      is the liable parent's care cost percentage determined under section 16

    • p p

      is the child expenditure amount for a qualifying child.

  2. The child expenditure amount for a qualifying child in a child support year is—

    e ÷ n

    Where:

    • e e

      is the amount, determined in accordance with the child expenditure table applying to that child support year, that applies to the parent in respect of the child on the basis of—

    • the combined child support income amounts of both parents of the child; and
      1. the number of children in the child's child support group; and
        1. the age group of those children

          1. n n

            is the number of children in the same child support group as the child.

        2. However, if no child expenditure table applies because at least 1 child is aged 0 to 12 and 1 or 2 children are aged 13 or over, e is the amount, determined in accordance with the child expenditure table that would apply to the parent in respect of the child if all of the children in the child support group were the same age as the qualifying child, on the basis of—

        3. the combined child support income amounts of both parents of the child; and
          1. the number of children in the child’s child support group.

            1. However, the Commissioner may make modifications to the child expenditure amount for the child that the Commissioner considers necessary or desirable if the Commissioner believes on reasonable grounds that—

            2. there are exceptional circumstances (for example, exceptional complexity of care arrangements for children within a particular child support group); and
              1. applying the provisions of this section without modification would result in an unjust or inequitable outcome (for example, an apportionment of costs that is disproportionate to the amount of expenditure attributable to the child).

                Notes
                • Section 30: replaced, on , by section 12 of the Child Support Amendment Act 2013 (2013 No 12).
                • Section 30(3): inserted, on , by section 8 of the Child Support Amendment Act 2021 (2021 No 6).
                • Section 30(4): inserted, on , by section 8 of the Child Support Amendment Act 2021 (2021 No 6).