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Child Support Act 1991

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

96F: Commissioner may refuse to make determination because issues too complex

You could also call this:

“Complex cases can be sent to court instead of being decided by the Commissioner”

The Commissioner can decide not to make a determination if they think the issues in your application are too complicated to handle under this part of the law. If this happens, the Commissioner might suggest that you apply to the court for an order under Part 7 instead.

If the Commissioner refuses to make a determination, they must tell you why in writing. They will explain their reasons for not making the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255152.

Topics:
Family and relationships > Children and parenting Crime and justice > Courts and legal help
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96E: Requirements for application, or

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

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96G: Application disclosing no grounds, etc, for making determination—how dealt with, or

"How the Commissioner handles requests for changes to child support that don't have good reasons"

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

96FCommissioner may refuse to make determination because issues too complex

  1. If the Commissioner is satisfied, at any time after considering the application, that the issues raised by the application are too complex to be dealt with under this Part, the Commissioner may refuse to make the determination without taking any further action under this Part, and recommend that application be made to the court for an order under Part 7.

  2. The Commissioner shall give the applicant, in writing, the reasons for refusing to make the determination.

Compare
  • Child Support (Assessment) Act 1989 s 98EA (Aust)
  • Child Support Legislation Amendment Act (No 2) 1992 s 23 (Aust)
Notes
  • Section 96F: inserted (with effect on 1 July 1994), on , by section 5(1) of the Child Support Amendment Act 1994 (1994 No 74).