Child Support Act 1991

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

96D: Determinations that may be made

You could also call this:

“Child support decisions the Commissioner can make”

Under the Child Support Act 1991, the Commissioner can make decisions about child support payments. These decisions are called determinations. The Commissioner can make the same kinds of decisions that a court can make.

When the Commissioner makes a determination, they must follow certain rules. These rules are similar to the ones that apply to court orders. For example, there’s a rule about the minimum amount of child support that must be paid.

The Commissioner can make decisions that are different from what someone asked for in their application. This means they can consider other factors when making their decision.

After making a determination, the Commissioner must tell each person involved why they made that decision. They need to explain their reasons in writing.

If the Commissioner forgets to give reasons for their decision, it doesn’t make the decision invalid. This means the decision still counts, even if they didn’t explain why they made it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255147.


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96E: Requirements for application, or

"How to ask for changes to your child support calculation"

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

96DDeterminations that may be made

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

  2. section 98 (which sets the minimum liability in respect of child support):
    1. section 106(2) to (4) (which relate to the orders that may be made):
      1. section 106A (further provision on orders for re-establishment costs situations if income increases):
          1. section 107 (which relates to implementation of orders):
            1. section 119(1)(a) (which relates to the cessation of orders).
              1. The determinations that the Commissioner may make under subsection (1) are not limited by the terms of the application under section 96B.

              2. The Commissioner shall give each party, in writing, the reasons for making the determination (including the reasons for which the Commissioner is satisfied as required by section 105(1)).

              3. A contravention of subsection (2) in relation to a determination does not affect the validity of the determination.

              Compare
              • Child Support (Assessment) Act 1989 s 98D (Aust)
              • Child Support Legislation Amendment Act 1992 s 5 (Aust)
              Notes
              • Section 96D: inserted (with effect on 1 July 1994), on , by section 5(1) of the Child Support Amendment Act 1994 (1994 No 74).
              • Section 96D(1)(ba): inserted, on , by section 31(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
              • Section 96D(1)(bb): repealed, on , by section 35 of the Child Support Amendment Act 2021 (2021 No 6).
              • Section 96D(1)(d): added, on , by section 20 of the Child Support Amendment Act 2006 (2006 No 42).
              • Section 96D(1A): inserted, on , by section 31(3) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
              • Section 96D(2): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).