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New Zealand law explained for everyone

Child Support Act 1991

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

96I: Procedure for dealing with application

You could also call this:

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

When you apply to change how child support is calculated, this is what happens:

The Commissioner (the person who makes decisions) can use your application, any replies to it, and other information they have to make a decision. They can look into the matter more if they want to, but they don't have to.

You and the other people involved in the application can ask to meet with the Commissioner and explain your side if you want to. The Commissioner has to give you this chance.

The Commissioner can't make you meet with the other people involved if you don't want to. Also, if the Commissioner decides not to make a decision about your application, they don't have to let you explain your side.

If the other people involved don't reply to the application, or reply late, the Commissioner might not listen to what they have to say.

The Commissioner can look into your application in any way they think is best. They don't have to follow the same rules as a court does about evidence.

No one else is allowed to get involved in your application process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255160.

Topics:
Family and relationships > Children and parenting
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96H: Other parties to be notified, or

"Telling everyone about changes to child support payments"

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96J: Circumstances in which representation or assistance at hearing may be approved, or

"When you can have someone speak for you or help you at a child support hearing"

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

96IProcedure for dealing with application

  1. In making a decision under this Part in relation to an application, the Commissioner—

  2. may act on the basis of the application and any reply received and any other information in the Commissioner's possession; and
    1. may, but (subject to subsection (2)) is not required to, conduct any enquiries or investigations into the matter.

      1. The Commissioner shall give an opportunity to the applicant and each other party to the application to appear before the Commissioner, and be heard by him or her, if they so wish.

      2. Nothing in subsection (2)—

      3. empowers the Commissioner to compel a party to an application to appear before the Commissioner in the presence of any other party; or
        1. applies where the Commissioner refuses to make a determination under section 96F or section 96G or section 96L(5).

          1. Notwithstanding subsection (2), where any other party to the application fails to file a reply or does not file a reply within the prescribed time, the Commissioner may refuse to hear that party.

          2. Any hearing before the Commissioner, and any enquiry or investigation carried out by the Commissioner, is to be carried out as the Commissioner thinks fit and the Commissioner is not bound by any rules of evidence.

          3. Nothing in section 125 (which relates to intervention in proceedings) shall apply to proceedings under this Part.

          Compare
          • Child Support (Assessment) Act 1989 s 98H (Aust)
          • Child Support Legislation Amendment Act 1992 s 5 (Aust)
          Notes
          • Section 96I: inserted (with effect on 1 July 1994), on , by section 5(1) of the Child Support Amendment Act 1994 (1994 No 74).
          • Section 96I(1)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
          • Section 96I(2): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
          • Section 96I(3)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
          • Section 96I(3)(b): amended, on , by section 22 of the Child Support Amendment Act 2006 (2006 No 42).
          • Section 96I(4): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).