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New Zealand law explained for everyone

Child Support Act 1991

Voluntary agreements - Qualifying voluntary agreements

50: Exception where payee is UCB beneficiary

You could also call this:

“Special rules apply when the person receiving child support payments gets an unsupported child's benefit”

If you want to make payments to support a child, and the person who will receive the payments gets an unsupported child’s benefit for that child, there are special rules. Your agreement to make these payments must meet certain conditions for the Commissioner to accept it.

The amount you agree to pay each year must be at least as much as you would pay if the Child Support formula was used to work out how much you should pay. When figuring out this amount, it’s assumed that you can’t choose to pay less than the formula says.

This rule makes sure that if someone is getting an unsupported child’s benefit, they receive at least as much child support as they would under the normal formula assessment.

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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=DLM254080.

Topics:
Family and relationships > Children and parenting
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"Payments in child support agreements must be at least $10 per week"

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51: Exception in respect of child support voluntary agreement where formula assessment applies, or

"Special child support agreements aren't accepted when there's already an official calculation in use"

Part 3 Voluntary agreements
Qualifying voluntary agreements

50Exception where payee is UCB beneficiary

  1. Any voluntary agreement that provides for payments—

  2. that are towards the support of a qualifying child; and
    1. that are to be made to a person who is, or will be on the day on which the liability to make any such payment commences in terms of section 59, in receipt of an unsupported child’s benefit for the qualifying child,—
        1. shall not qualify for acceptance by the Commissioner under this Act unless the annual rate at which those payments are to be made under the agreement is equal to or exceeds the annual rate that would be payable—
      1. if the liability were assessed under a formula assessment; and
        1. if the person by whom the payments are to be made were not entitled, under the formula assessment procedure, to make an election under section 40.

          Notes
          • Section 50 heading: amended, on , by section 9(1) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
          • Section 50(b): amended, on , by section 9(2) of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).