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Child Support Act 1991

Amount of child support payable under formula assessment made by Commissioner - Determining income percentages

34: Child support income amount

You could also call this:

"How the government calculates how much child support a parent should pay"

You might wonder how the government figures out how much child support a parent should pay. They use something called a 'child support income amount'. Here's how they work it out:

They start with your adjusted income for the year. Then they take away some money for your living costs, any children you're looking after, and other special situations. What's left is your child support income amount.

If the amount works out to zero or less, they treat it as if it's nothing at all.

Sometimes, they can't figure out how much a parent earns. In that case, they have a special way of guessing. If they know how much the other parent earns, they use that amount. If they know how much more than one parent earns, they take the average of those amounts.

This helps make sure that the amount of child support is fair based on what each parent can afford to pay.

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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=DLM253961.

Topics:
Family and relationships > Children and parenting
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33: Income percentage, or

"How much of the total child support money you provide compared to the other parent"

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35: Adjusted income, or

"How the law calculates your income for child support"

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

34Child support income amount

  1. A parent's child support income amount for a child support year in relation to a child is the person's adjusted income (determined under section 35) for the child support year minus each of the following:

  2. the person's living allowance (as determined under section 35A) for the child support year:
    1. the sum of any dependent child allowances to which the person is entitled under section 35B for the child support year:
      1. any multi-group allowance that relates to the child and to which the person is entitled under section 36 for the child support year.

        1. If the result of the calculation in subsection (1) is zero or less, the parent's child support income amount must be treated as being nil.

        2. If the adjusted income of a parent of a qualifying child cannot reasonably be ascertained, or cannot be applied by the Commissioner, the parent's child support income amount is to be treated as being,—

        3. if there is 1 parent whose adjusted income is known, the same as that parent's child support income amount; and
          1. if there is more than 1 parent whose adjusted income is known, the average of those parents' child support income amounts.

            Notes
            • Section 34: replaced, on , by section 12 of the Child Support Amendment Act 2013 (2013 No 12).
            • Section 34(1): amended, on , by section 9(1) of the Child Support Amendment Act 2021 (2021 No 6).
            • Section 34(1): amended, on , by section 13 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
            • Section 34(3): amended, on , by section 9(1) of the Child Support Amendment Act 2021 (2021 No 6).
            • Section 34(3)(a): amended, on , by section 9(1) of the Child Support Amendment Act 2021 (2021 No 6).
            • Section 34(3)(b): amended, on , by section 9(1) of the Child Support Amendment Act 2021 (2021 No 6).