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Child Support Act 1991

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

96H: Other parties to be notified

You could also call this:

"Telling everyone about changes to child support payments"

When someone applies to change how child support is calculated, the Commissioner must tell the other people involved. Here's what happens:

The Commissioner will tell the other people that someone has made an application and give them a short explanation of why. The Commissioner will also let them know they can ask for a copy of the application and any extra information that came with it. The other people can then give their own thoughts about the application if they want to.

If the other people want to respond, they need to do it in writing. They have to send their response to the Commissioner within 14 days. This 14-day period starts either when they get the copy of the application (if they asked for it), or when they were first told about the application (if they didn't ask for a copy).

The Commissioner will then send a copy of any responses to the person who made the application. The Commissioner might also send copies to the other people involved.

These steps don't happen if the Commissioner decides not to make a decision about changing the child support calculation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255156.

Topics:
Family and relationships > Children and parenting
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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"

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96I: Procedure for dealing with application, or

"How the government handles your request to change child support"

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

96HOther parties to be notified

  1. The Commissioner shall notify each other party to the application—

  2. that an application has been made, and a summary of the grounds on which the application has been made; and
    1. that he or she may request a copy of the application and any accompanying documentation from the Commissioner; and
      1. that he or she may make any representation (in this Part called a reply) regarding the application that he or she considers relevant.

        1. Any reply to an application must—

        2. be in writing; and
          1. be filed with the Commissioner—
            1. within 14 days after the date on which the copy of the application and accompanying documentation is sent to the party; or
              1. if no request is made for a copy of the application, within 14 days after the date on which the notification is sent.

              2. The Commissioner must send a copy of any reply and accompanying documentation to the applicant, and may send a copy of any reply and accompanying documentation to the other parties.

              3. Nothing in this section applies where the Commissioner refuses to make a determination under section 96F or section 96G or section 96L(5).

              Compare
              • Child Support (Assessment) Act 1989 s 98G (Aust)
              • Child Support Legislation Amendment Act 1992 s 5 (Aust)
              • Child Support Legislation Amendment Act (No 2) 1992 s 24
              Notes
              • Section 96H: inserted (with effect on 1 July 1994), on , by section 5(1) of the Child Support Amendment Act 1994 (1994 No 74).
              • Section 96H heading: amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 96H(1): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 96H(2)(b)(i): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 96H(3): replaced, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 96H(4): amended, on , by section 21 of the Child Support Amendment Act 2006 (2006 No 42).