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Child Support Act 1991

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

87: Amendment of assessments

You could also call this:

“Fixing mistakes in child support decisions”

The Commissioner, who oversees child support and domestic maintenance, can change assessments at any time to make sure they follow the law correctly. This can happen even if money has already been paid, the year has ended, or there’s a case in court about it.

The Commissioner can fix mistakes, correct wrong information, update changes in circumstances, apply new formulas, or make the assessment match court decisions. They can do this for many reasons, like fixing errors or applying new rules.

When the Commissioner changes an assessment to increase the amount owed, and it’s not because you did anything wrong, you still need to pay the original amount by the usual date. You then have 30 days to pay the extra amount.

Any changed assessment is treated the same as the original assessment under the law, unless the law says otherwise.

The Commissioner’s power to change assessments isn’t limited by other parts of the law that allow changes. There’s also a separate rule (section 87A) that affects how this section works.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM254702.

Topics:
Family and relationships > Children and parenting
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Part 5 Assessment of child support and domestic maintenance
Provisions relating to making of assessments

87Amendment of assessments

  1. The Commissioner may, at any time, amend any assessment by making such alterations and additions as the Commissioner considers necessary to give effect to this Act.

  2. Subsection (1) has effect despite the fact that—

  3. child support or, as the case may be, domestic maintenance has been paid under the assessment; or
    1. the child support year, or the part of the child support year, to which the assessment relates has ended; or
      1. proceedings are pending in a court having jurisdiction under this Act against or in relation to the assessment.

        1. Without limiting subsection (1), the Commissioner may amend any assessment for the purpose of—

        2. correcting any error or mistake (whether or not made by the Commissioner); or
          1. correcting the effect of any false or misleading statement made to the Commissioner; or
            1. giving effect to the happening of an event or change of circumstances to which the provisions of section 86 apply; or
              1. giving effect to a formula assessment of child support by the Commissioner; or
                1. giving effect to Part 5A; or
                  1. giving effect to the acceptance of a voluntary agreement by the Commissioner; or
                    1. giving effect to a determination of the Commissioner under Part 6A or 6B; or
                      1. giving effect to a decision or order of a court under Part 7.

                        1. Where a provision of this Act expressly authorises the Commissioner to amend an assessment, that provision does not by implication limit the power of the Commissioner (whether under this section or otherwise) to amend the assessment.

                        2. Except as otherwise expressly provided in this Act, every amended assessment is to be taken to be an assessment for all the purposes of this Act.

                        3. In any case where—

                        4. child support or domestic maintenance payable under an amended assessment is increased after the due date; and
                          1. the Commissioner is satisfied that the matter giving rise to the increase did not result from any neglect or default by the person who is required to pay that child support or that domestic maintenance under the amended assessment,—
                              1. that person—
                            1. shall pay by the due date the amount that would have been payable if the increase had not taken effect; and
                              1. shall pay the amount of the increase within 30 days after the date of the amended assessment,—
                                  1. and the Commissioner shall fix that date as the new due date for payment.

                                1. This section is subject to section 87A.

                                Compare
                                • Child Support (Assessment) Act 1989 s 75 (Aust)
                                Notes
                                • Section 87(2)(a): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
                                • Section 87(3)(d): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                                • Section 87(3)(da): inserted, on , by section 16(1) of the Child Support Amendment Act 2006 (2006 No 42).
                                • Section 87(3)(ea): inserted (with effect on 1 July 1994), on , by section 6(1) of the Child Support Amendment Act 1994 (1994 No 74).
                                • Section 87(3)(ea): amended, on , by section 16(2) of the Child Support Amendment Act 2006 (2006 No 42).
                                • Section 87(6)(a): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
                                • Section 87(6)(b): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
                                • Section 87(7): inserted, on , by section 19 of the Child Support Amendment Act 2021 (2021 No 6).