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Child Support Act 1991

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

96C: Matters as to which Commissioner must be satisfied before making determination

You could also call this:

“What the Commissioner needs to know before changing child support”

The Commissioner can make a decision to change how child support is calculated if someone asks them to. To make this decision, the Commissioner needs to be sure of a few things.

First, there must be a good reason to change the calculation. These reasons are the same as the ones listed in section 105(2) of the law. Some of these reasons have special rules that must be followed.

Second, the Commissioner must think that changing the calculation would be fair for the child and everyone involved. It also needs to be the right thing to do.

If the Commissioner decides to make a change, they have to follow some rules. These rules are similar to what a court would follow, but instead of making an order, the Commissioner makes a determination.

The Commissioner has to consider things like how the change might affect the child and the adults involved, and whether it’s the best thing to do in the situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255145.

Topics:
Family and relationships > Children and parenting
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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"

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96D: Determinations that may be made, or

"Child support decisions the Commissioner can make"

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

96CMatters as to which Commissioner must be satisfied before making determination

  1. Subject to this Part, if—

  2. an application is made to the Commissioner under section 96B; and
    1. the Commissioner is satisfied that—
      1. 1 or more of the grounds for departure referred to in subsection (2) exists or exist; and
        1. it would be—to make a particular determination under this Part,—
          1. just and equitable as regards the child and all parties to the application; and
            1. otherwise proper,—
            2. the Commissioner may make the determination.

          2. For the purposes of subsection (1)(b)(i),—

          3. the grounds for departure are the same as the grounds for departure set out in section 105(2); and
            1. section 105(2)(b)(i) has effect subject to section 105(3); and
              1. section 105(2)(d) has effect subject to section 105(3D).

                1. Subsections (3C) and (4) to (6) of section 105 apply to the Commissioner in the exercise of his or her powers under this section as if—

                2. any reference in those subsections to the court were a reference to the Commissioner; and
                  1. any reference to an order were a reference to a determination.

                    Compare
                    • Child Support (Assessment) Act 1989 s 98C (Aust)
                    • Child Support Legislation Amendment Act 1992 s 5 (Aust)
                    Notes
                    • Section 96C: inserted (with effect on 1 July 1994), on , by section 5(1) of the Child Support Amendment Act 1994 (1994 No 74).
                    • Section 96C(1)(b)(ii)(A): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                    • Section 96C(2)(b): amended, on , by section 30(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                    • Section 96C(2)(c): inserted, on , by section 30(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
                    • Section 96C(3): amended, on , by section 30(3) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).