Child Support Act 1991

Assessment of child support and domestic maintenance - Provisions relating to making of assessments

86: Commissioner to give effect to changed circumstances

You could also call this:

"Commissioner updates child support when things change"

When you're paying child support, the Commissioner needs to update things if circumstances change. This could happen if:

You no longer have to pay child support to a carer for a child.

Something happens that changes how much you or someone else should pay or receive for a child.

The Commissioner will make these changes as soon as they can, which might mean changing how much you need to pay.

If you're paying domestic maintenance (money to support your ex-partner), the Commissioner also needs to update things if:

The agreement or court order says payments should stop or decrease on a certain day.

One of the people involved dies.

Something happens that changes how much domestic maintenance should be paid each year.

Again, the Commissioner will make these changes as quickly as possible.

The Commissioner can also make changes if they think something is likely to happen that will affect payments, even if it hasn't happened yet.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM254398.


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85: Assumptions as to future events, or

"The government uses today's information to guess future child support payments"


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87: Amendment of assessments, or

"Fixing mistakes in child support decisions"

Part 5Assessment of child support and domestic maintenance
Provisions relating to making of assessments

86Commissioner to give effect to changed circumstances

  1. Where child support is payable in respect of a qualifying child and the Commissioner is notified, or otherwise becomes aware,—

  2. that the liability of a liable parent to pay child support to a carer in respect of the child has ceased in accordance with section 25 or 62; or
    1. that an event or change of circumstances has occurred that alters the respective liability or entitlement of any parent or carer of the qualifying child,—
      1. the Commissioner shall, as soon as practicable, take such action as is necessary to take account of the event or change in circumstances (whether by amending any assessment or otherwise).

      2. Where domestic maintenance is payable by a liable spouse or partner under a voluntary agreement or an order of the court and either—

      3. payment is to cease, or the rate of payment is to reduce, on a particular day in accordance with that agreement or order; or
        1. the Commissioner is notified, or otherwise becomes aware,—
          1. of the death of either party to the agreement; or
            1. that an event or change of circumstances has occurred that affects the annual rate at which domestic maintenance is payable under this Act,—
            2. the Commissioner shall, as soon as practicable, take such action as is necessary to take account of the event or change in circumstances (whether by amending any assessment or otherwise).

            3. Nothing in subsection (1) or subsection (2) is to be taken to prevent the Commissioner from taking such action as the Commissioner considers appropriate to take account of the likely occurrence of an event or change of circumstances of which the Commissioner is notified or otherwise becomes aware (whether by amending any assessment or otherwise).

            Compare
            • Child Support (Assessment) Act 1989 s 74 (Aust)
            Notes
            • Section 86(1)(a): replaced, on , by section 16 of the Child Support Amendment Act 2013 (2013 No 12).
            • Section 86(1)(b): replaced, on , by section 16 of the Child Support Amendment Act 2013 (2013 No 12).
            • Section 86(2): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
            • Section 86(2)(b)(ii): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).