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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

43: Effect of revocation of election

You could also call this:

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

If you decide to change your mind about using your estimated income for child support, here’s what happens:

The Commissioner will go back to using your original income to figure out how much child support you should pay. They will adjust the amount of child support you need to pay each day during the time you were using your estimated income.

Even if you change your mind, you can still ask for a special review of your child support amount. The Commissioner can look at your case again, or you can go to court to ask for changes. You can also choose to use your estimated income again in the future if you want to.

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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=DLM254038.

Topics:
Family and relationships > Children and parenting
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42: Revocation of election and subsequent elections, or

"Changing your mind about child support choices"

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44: End-of-year reconciliation, or

"Checking if you paid the right amount of child support for the year"

Part 2 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

43Effect of revocation of election

  1. When an election is revoked, or deemed to be revoked, the Commissioner must—

  2. adjust any formula assessment applying to the person on the basis of the person's original adjusted income; and
    1. take whatever steps are necessary to ensure that the amount of child support payable per day, during the election period to which the revoked election relates, reflects that adjusted assessment.

      1. The revocation of an election does not prevent the Commissioner making a determination under Part 5A, 6A, or 6B, or the court making an order under Part 7, or a person making a further election.

      Notes
      • Section 43: replaced, on , by section 13 of the Child Support Amendment Act 2013 (2013 No 12).
      • Section 43(1)(a): amended, on , by section 9(2) of the Child Support Amendment Act 2021 (2021 No 6).