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Child Support Act 1991

Voluntary agreements - Qualifying voluntary agreements

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

You could also call this:

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

If you have a special agreement about child support, there are times when the government won't accept it. This happens when:

You already have an official calculation (called a formula assessment) for how much child support you should pay or receive for a child. This calculation is currently being used.

You haven't asked the government to stop using this official calculation for the child. There's a special way to do this called making an election under section 27.

In these cases, your special agreement won't be accepted, even if you want it to be. The government will keep using the official calculation instead.

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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=DLM254081.

Topics:
Family and relationships > Children and parenting
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50: Exception where payee is UCB beneficiary, or

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

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52: Exception in respect of spousal voluntary agreement where court order in force, or

"Court orders override voluntary agreements for spousal payments"

Part 3Voluntary agreements
Qualifying voluntary agreements

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

  1. Any voluntary agreement for child support shall not qualify for acceptance by the Commissioner under this Act if—

  2. a formula assessment of child support applies in respect of the child; and
    1. the Commissioner has not accepted an election under section 27 to end the formula assessment as it applies in respect of the child.

      Notes
      • Section 51 heading: amended, on , by section 24(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
      • Section 51(a): amended, on , by section 24(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
      • Section 51(b): replaced, on , by section 24(3) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).