Child Support Act 1991

Amount of child support payable under formula assessment made by Commissioner - Election that child support income be based on estimated taxable income for current year

42: Revocation of election and subsequent elections

You could also call this:

"Changing your mind about child support choices"

You can change your mind about an election you made for a child support year. You can do this before or during that year by telling the Commissioner. If you do this, it's like the election never happened.

If you have an election in place and then make a new one, here's what happens:

If the Commissioner says yes to your new election, it starts from the beginning of the month you asked for it. The old election stops at the end of the month before.

If the Commissioner says no because your income so far plus your new estimate is more than 85% of your original income, your old estimate is cancelled.

If the Commissioner says no for any other reason, your old estimate stays in place.

If you try to change your election, but it doesn't match an income amount order, your change won't work.

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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=DLM254034.


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41: Effect of election, or

"What happens when you choose to use your estimated income for child support"


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43: Effect of revocation of election, or

"What happens when you change your mind about using your estimated income for child support"

Part 2Amount of child support payable under formula assessment made by Commissioner
Election that child support income be based on estimated taxable income for current year

42Revocation of election and subsequent elections

  1. A person who has made an election in relation to a child support year may revoke the election, before or during the child support year, by giving notice to the Commissioner; and the revocation takes effect from the start of the election period to which any election applied.

  2. If an election is in effect but the person then makes a later election,—

  3. if the Commissioner accepts the later election,—
    1. the later election takes effect from the start of the month in which the notice of election is given, and section 41 applies accordingly; and
      1. the earlier election ceases to have effect on the last day of the previous month:
      2. if the Commissioner does not accept the later election because the amount of year-to-date income plus the new estimated income is more than 85% of the person's original adjusted income, then the earlier estimate is deemed to be revoked:
        1. if the Commissioner does not accept the election for any other reason, the earlier estimate remains in effect.
          1. A revocation is of no effect to the extent that it is inconsistent with an income amount order.

          Notes
          • Section 42: replaced, on , by section 13 of the Child Support Amendment Act 2013 (2013 No 12).
          • Section 42(2)(b): amended, on , by section 9(2) of the Child Support Amendment Act 2021 (2021 No 6).
          • Section 42(2)(b): amended, on , by section 20 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).