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Child Support Act 1991

Voluntary agreements - Miscellaneous provisions

65: Child support voluntary agreement no bar to application for formula assessment

You could also call this:

“You can still ask for child support to be calculated by the formula even if you have a voluntary agreement”

Even if you have a voluntary agreement for child support, you or anyone else involved can still ask the Commissioner to calculate child support using the formula in Part 1 of the law.

If someone applies for the formula to be used, the person who was getting child support under the agreement is treated as if they chose to end the other person’s responsibility to pay under the agreement. This would happen the day before the formula starts to apply.

The person who was getting child support is also treated as if they’ve met all the requirements in section 64, parts 2 and 3 of the law. This means they don’t have to do anything extra to make this change happen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM254313.

Topics:
Family and relationships > Children and parenting
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Part 3 Voluntary agreements
Miscellaneous provisions

65Child support voluntary agreement no bar to application for formula assessment

  1. The existence of a voluntary agreement shall not prevent any party in relation to that agreement from applying to the Commissioner for formula assessment of child support under Part 1.

  2. If a properly completed application for a formula assessment of child support in respect of the child to whom the agreement relates is completed, any person who, under the agreement, was a person to whom child support was payable is deemed—

  3. to have elected under section 64 that the liability of the other party to the agreement to pay child support in respect of the child under the agreement is to end with the day before the day on which the formula assessment is to first apply; and
    1. to have met the requirements of section 64(2) and (3).

      Notes
      • Section 65(1): amended, on , by section 210(1) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
      • Section 65(2): replaced, on , by section 210(2) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).