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Child Support Act 1991

Objections

90: Objections to appealable decisions

You could also call this:

“How to disagree with important child support decisions”

You can object to certain decisions about child support. These decisions are called ‘appealable decisions’. Here are some examples of appealable decisions:

If someone decides to make or not make a formula assessment of child support, you can object to that. You can also object if someone decides how much daily care a carer gives to a child.

You can object if someone decides whether a child is dependent on a person or not. You can also object if someone accepts or doesn’t accept an election under section 27.

If someone doesn’t accept an election you made under section 40, you can object to that. You can also object if someone decides to reconcile your estimated income when you haven’t given a tax return.

You can object if a penalty is imposed on you under section 134. You can also object to decisions about accepting or refusing agreements about child support.

If someone decides when a change in your living situation happened, you can object. You can also object if someone doesn’t give you an exemption from paying child support.

You can object to decisions about suspension orders for child support. You can also object if someone decides you have to make more child support payments in the future.

If you’re affected by any of these decisions, you can make an objection.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255121.

Topics:
Family and relationships > Children and parenting
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Part 6 Objections

90Objections to appealable decisions

  1. For the purposes of this Part, the term appealable decision means—

  2. a decision to make, or refuse to make, a formula assessment of child support:
    1. a decision under section 14 establishing the proportion of ongoing daily care that a carer provides to a qualifying child:
      1. a decision as to whether a particular child is or is not a dependent child of a person:
        1. a decision to accept an election under section 27:
          1. a decision not to accept an election under section 27 (including a decision to overturn the acceptance of an election under section 27(9)):
            1. a decision not to accept an election made under section 40:
              1. a decision under section 44A to reconcile estimated income where no return of income is furnished under the Income Tax Act 2007 and the Tax Administration Act 1994:
                1. a decision that a penalty has been imposed by operation of section 134:
                    1. a decision under section 57(1) to accept an application for acceptance of an agreement:
                      1. a decision under section 57(2) to refuse to accept an application for acceptance of an agreement:
                        1. a decision under section 63 to accept, or to refuse to accept, an application for acceptance of a variation of an agreement:
                          1. a decision made under section 82(4) determining the date on which a change in living circumstances occurred:
                            1. a decision under section 89I or 89Z not to grant an exemption from the payment of financial support:
                              1. a decision under section 86 or a refusal to make any such decision:
                                1. a decision under section 96N to make, or to refuse to make, a suspension order:
                                  1. a decision under section 216 that a person has, or is known to have at some future time, a liability to make further payments of financial support under this Act.

                                    1. An objection may be made under this section by any person who is affected by the decision.

                                    Notes
                                    • Section 90(1)(a): replaced, on , by section 20(1) of the Child Support Amendment Act 2013 (2013 No 12).
                                    • Section 90(1)(b): replaced, on , by section 20(1) of the Child Support Amendment Act 2013 (2013 No 12).
                                    • Section 90(1)(ba): inserted, on , by section 20(1) of the Child Support Amendment Act 2013 (2013 No 12).
                                    • Section 90(1)(bb): inserted, on , by section 28(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                                    • Section 90(1)(bc): inserted, on , by section 28(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                                    • Section 90(1)(ca): inserted, on , by section 23 of the Child Support Amendment Act 1999 (1999 No 81).
                                    • Section 90(1)(ca): amended, on (effective for 2008–09 income year and later), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
                                    • Section 90(1)(d): replaced, on , by section 20(2) of the Child Support Amendment Act 2013 (2013 No 12).
                                    • Section 90(1)(d): amended, on (with effect on 1 April 2015), by section 28(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                                    • Section 90(1)(e): repealed, on , by section 17(2) of the Child Support Amendment Act 1999 (1999 No 81).
                                    • Section 90(1)(ha): inserted, on , by section 20(3) of the Child Support Amendment Act 2013 (2013 No 12).
                                    • Section 90(1)(i): amended, on , by section 18 of the Child Support Amendment Act 2006 (2006 No 42).
                                    • Section 90(1)(ja): inserted (with effect on 1 July 1994), on , by section 6(1) of the Child Support Amendment Act 1994 (1994 No 74).