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Child Support Act 1991

Departure from formula assessment of child support initiated by liable parent or receiving carer

96B: Application for determination

You could also call this:

“Asking for a decision about child support payments”

If you are paying child support or receiving it for a child, you can ask the Commissioner to make a decision about it. You need to write down your request.

You can only ask for this decision if child support payments are already being made for the child. You can only ask about payments for any year starting from 1 April 1994 onwards. There are some rules about when you can ask, which are explained in section 96L.

When you ask for this decision, the people involved will be you and anyone else who is paying or receiving child support for the child.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255143.

Topics:
Family and relationships > Children and parenting
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96A: Commissioner may make determination, or

"The Commissioner can decide to change how child support is worked out"

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96BA: Four-month time limit for certain applications that are time-barred under section 87A, or

"Four-month window to ask for changes to old child support assessments"

Part 6A Departure from formula assessment of child support initiated by liable parent or receiving carer

96BApplication for determination

  1. Any liable parent or receiving carer of a qualifying child may, by written application, ask the Commissioner to make a determination under this Part.

  2. An application may be made—

  3. only if a formula assessment is in force in relation to the child; and
    1. only in relation to child support payable in the child support year commencing on 1 April 1994 or any later child support year; and
      1. subject to section 96L.

        1. The parties to the application are—

        2. the applicant; and
          1. every other liable parent or receiving carer of the qualifying child.

            Compare
            • Child Support (Assessment) Act 1989 s 98B (Aust)
            • Child Support Legislation Amendment Act 1992 s 5 (Aust)
            Notes
            • Section 96B: inserted (with effect on 1 July 1994), on , by section 5(1) of the Child Support Amendment Act 1994 (1994 No 74).
            • Section 96B(1): amended, on , by section 22A(1) of the Child Support Amendment Act 2013 (2013 No 12).
            • Section 96B(2)(a): amended, on , by section 22A(2) of the Child Support Amendment Act 2013 (2013 No 12).
            • Section 96B(3): replaced, on , by section 22A(3) of the Child Support Amendment Act 2013 (2013 No 12).