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Child Support Act 1991

Court maintenance orders made after 1 July 1992

69: Duty to make assessment

You could also call this:

"Commissioner must calculate yearly child support and maintenance payments ordered by court"

When a court makes an order about child support or domestic maintenance, the Commissioner has to figure out how much money should be paid each year. This happens when the court tells the Commissioner about the order.

The Commissioner will work out the amount as soon as possible after getting the information. They'll do this for the current year and also for the previous year if the order started then.

Every year after that, the Commissioner will work out the amount again before the new year starts. They'll use the amount written in the court order for each year.

If the court order doesn't say how much should be paid in a certain year, the Commissioner will figure it out based on what the order does say.

The Commissioner has to follow special rules when working out these amounts. These rules are explained in another part of the law called Part 5.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM254323.

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Family and relationships > Children and parentingMoney and consumer rights > Taxes
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Part 4Court maintenance orders made after 1 July 1992

69Duty to make assessment

  1. Where the Commissioner receives from the Registrar of any court a certified or sealed copy of an order to which this Part applies, or advice from the Chief Executive of the Ministry of Justice that any such order is in force, the Commissioner shall,—

  2. as soon as practicable after the receipt thereof,—
    1. assess the annual rate of child support or domestic maintenance payable by the liable person in relation to the child support year in which that order is so received at the annual rate specified in the order in relation to that year; and
      1. where the order came into force in the previous child support year, make such an assessment in relation to the previous child support year; and
      2. before, or as soon as practicable after, the start of each later child support year in which child support or domestic maintenance continues to be payable under the order, assess the annual rate of child support or domestic maintenance payable by the liable person under this Act, in relation to that later child support year at the annual rate specified in the order in relation to that year.

        1. Where the annual rate of child support or domestic maintenance is not specified in the order in relation to any child support year, the Commissioner shall determine the annual equivalent of the amount payable under the order and make the assessment at that rate.

        2. Every assessment shall be made in accordance with Part 5.

        Notes
        • Section 69(1): amended, on , pursuant to section 14(2) of the State Sector Amendment Act 2003 (2003 No 41).
        • Section 69(1)(a)(i): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
        • Section 69(1)(b): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
        • Section 69(2): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).