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Child Support Act 1991

Exemptions - Determinations in relation to exemptions for hospital patients, persons suffering from long-term periods of illness, prisoners, and persons under 16 years

89N: Determination that provisions of Act relating to formula assessment of child support will be departed from

You could also call this:

“Deciding to change how child support is worked out”

The Commissioner can decide to change how child support is calculated for a child. This can happen if the Commissioner has already made or plans to make a decision about exempting someone from paying child support. The Commissioner can do this if they think the usual way of calculating child support would be unfair because of the paying parent’s income, ability to earn money, property, or other financial resources. The Commissioner must be sure that changing the calculation would be fair for the child, the person caring for the child, and the paying parent, and that it’s the right thing to do.

When making this decision, the Commissioner has to follow some rules, just like a court would. The Commissioner can make any decision that a court could make about changing child support calculations. This includes setting a minimum amount of child support, deciding how to put the changes into action, and deciding when the changes should stop.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM254775.

Topics:
Family and relationships > Children and parenting
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89M: Determination that exemption does not apply or ceases to apply or determination confirming exemption, or

"When and how your child support exemption can change or stay the same"

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89O: Reasons for determination, or

"Commissioner must explain why they made a decision about an exemption"

Part 5A Exemptions
Determinations in relation to exemptions for hospital patients, persons suffering from long-term periods of illness, prisoners, and persons under 16 years

89NDetermination that provisions of Act relating to formula assessment of child support will be departed from

  1. Subject to this subpart, the Commissioner may make a determination that all or some of the provisions of this Act relating to formula assessment of child support will be departed from in relation to a child if—

  2. the Commissioner has made, or intends to make, a determination under section 89M; and
    1. the Commissioner is satisfied that—
      1. the application in relation to the receiving carer, the child, or both of the provisions of this Act relating to formula assessment of child support would result in an unjust and inequitable determination of the level of financial support to be provided by the liable parent for the child because of the income, earning capacity, property, and financial resources of the liable parent; and
        1. a determination under this section would be—
          1. just and equitable as regards the child, the receiving carer, and the liable parent; and
            1. otherwise proper.

          2. Section 105(4) to (6) applies to the Commissioner in the exercise of his or her powers under this section as if—

          3. any reference in those subsections to the court were a reference to the Commissioner; and
            1. any reference in those subsections to an order were a reference to a determination under this section.

              1. The Commissioner may make as a determination under this section any decision that the court could make as an order under section 106(1), and the following provisions apply, with necessary modifications, as if a determination under this section were an order:

              2. section 98 (which sets the minimum liability in respect of child support):
                1. section 106(2) to (4) (which relates to the orders that may be made):
                  1. section 107 (which relates to implementation of orders):
                    1. section 119(1)(a) (which relates to the cessation of orders).

                      Notes
                      • Section 89N: inserted, on , by section 17(1) of the Child Support Amendment Act 2006 (2006 No 42).
                      • Section 89N(1)(b)(i): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                      • Section 89N(1)(b)(ii)(A): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).