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Child Support Act 1991

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

88: Notice of assessment of formula assessment of child support

You could also call this:

“Telling parents about child support payments”

When the Commissioner decides how much child support should be paid, they must write to each parent and carer of the child. This letter is called a notice of assessment. The Commissioner must send this notice when they first work out the child support amount, when the amount changes, and at the start of each new child support year.

The notice must include important information about the child support assessment. It will tell you how much child support needs to be paid and who needs to pay it. The notice will only show the names of the parents and carers, how much time they spend caring for the child, and what percentage of the care costs they are responsible for.

The notice must give you enough information so you can object to the assessment if you disagree with it. It will tell you that you have 28 days to let the Commissioner know about any living situations that might affect the assessment.

The notice must also tell you about your rights. You can object to the assessment if you’re unhappy with it. You can ask the Commissioner to look at your case again. You can also ask the Family Court to review the assessment.

Sometimes, the Commissioner might not include someone’s name in the notice. This can happen if showing the name might put someone in danger, or if the parent has died or hasn’t been assessed for child support.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM254708.

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

88Notice of assessment of formula assessment of child support

  1. The Commissioner must give written notice (a notice of assessment) to each parent and receiving carer of a qualifying child—

  2. as soon as practicable after making an assessment under section 29; and
    1. after making any assessment that changes—
      1. the amount of child support payable by a liable parent in respect of the child; or
        1. the respective amounts payable in respect of different receiving carers; and
        2. at the beginning of each later child support year.

          1. As a minimum, the notice of assessment must set out, in relation to each qualifying child to whom the notice relates, the matters identified in section 88A so far as they are relevant to the assessment as it applies in respect of the child.

          2. However, in no case may a notice of assessment reveal any more detail about another person who is a parent or carer than the person’s name (subject to subsection (5)) and, in relation to a qualifying child, the person’s proportion of care and care cost percentage.

          3. Without limiting subsection (2), the notice of assessment must contain sufficient information to enable the recipient to exercise his or her rights to object under section 90 or 91.

          4. Any notice of assessment to which section 81A(2) could apply must specifically draw the attention of the recipient to the 28-day time limit for advising the Commissioner of any living circumstances that existed at the time when the assessment begins but that appear not to have been taken into account by the Commissioner.

          5. The notice must also include, or be accompanied by, statements that specifically draw to the attention of the recipient the recipient's right to—

          6. object under section 90 or 91 if he or she is aggrieved by any of the particulars of the assessment; and
            1. apply to the Commissioner under Part 6A; and
              1. apply to the Family Court under Part 7.

                1. Despite anything in this section, the Commissioner may omit from a notice of assessment or any related communication the name of any parent or carer if—

                2. he or she is satisfied that revealing the name to the recipient of the notice would be prejudicial to the safety of any parent, carer, or child; or
                  1. the parent is deceased, or is a parent in respect of whom an assessment has not been made.

                    Notes
                    • Section 88: replaced, on , by section 17 of the Child Support Amendment Act 2013 (2013 No 12).
                    • Section 88(2): replaced, on , by section 25 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                    • Section 88(2A): inserted, on , by section 25 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                    • Section 88(3A): inserted, on , by section 21 of the Child Support Amendment Act 2021 (2021 No 6).
                    • Section 88(3A): amended (with effect on 26 October 2021), on , by section 239 of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
                    • Section 88(4)(c): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).