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Child Support Act 1991

Exemptions - Exemptions for hospital patients, persons suffering from long-term periods of illness, prisoners, and persons under 16 years - Application and grant of exemptions under this subpart

89I: Grant of exemption under this subpart

You could also call this:

“Getting excused from paying child support”

If you want to be excused from paying child support, you can ask the Commissioner for an exemption. The Commissioner must give you an exemption as soon as possible after you apply if:

You filled out the application form correctly.

The income you said you would earn seems fair and reasonable.

You meet the rules for getting an exemption.

There’s nothing stopping you from getting the exemption during the time you asked for.

When the Commissioner is deciding about giving you an exemption for a future time, they can:

Use the income you said you would earn in your application if it seems fair and reasonable.

Make some guesses about what might happen in the future if those guesses seem sensible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM254761.

Topics:
Family and relationships > Children and parenting
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Part 5A Exemptions
Exemptions for hospital patients, persons suffering from long-term periods of illness, prisoners, and persons under 16 years: Application and grant of exemptions under this subpart

89IGrant of exemption under this subpart

  1. The Commissioner must, as soon as practicable after receiving an application for an exemption under this subpart in respect of a liable person, exempt the person from the payment of financial support under this Act for a period or periods if the Commissioner is satisfied that—

  2. the application is made in accordance with section 89H; and
    1. the estimates of income provided with the application are fair and reasonable; and
      1. the person is eligible for an exemption under this subpart in relation to that period or those periods; and
        1. the exemption is not prevented from applying to that period or those periods in accordance with section 89F or 89G.

          1. In deciding under subsection (1) whether to grant an exemption to a person in relation to a future period, the Commissioner may act on the basis—

          2. that the person's income in that future period will be in accordance with the estimates provided in or with the application if the Commissioner is satisfied that the estimates are fair and reasonable; and
            1. of any other assumptions as to future events that, in the opinion of the Commissioner, are reasonable in the circumstances of the case.

              Notes
              • Section 89I: inserted, on , by section 17(1) of the Child Support Amendment Act 2006 (2006 No 42).