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Child Support Act 1991

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

96K: Child support agreements entered into before determination made

You could also call this:

“Making a child support agreement before the government decides on your application”

If you apply for a change in how child support is calculated, but then you and the other person make an agreement about child support before the government makes a decision, the government won’t make a decision on your application. This happens in two situations:

  1. If you make a voluntary agreement that the government accepts under Part 3 of the law.

  2. If you choose to stop using the government’s formula to calculate child support, as allowed by section 27 of the law.

In both cases, your new agreement or choice will be used instead of waiting for the government’s decision on your application.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255165.

Topics:
Family and relationships > Children and parenting
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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"

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96L: Subsequent applications, or

"Rules for making a new child support application after a previous decision"

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

96KChild support agreements entered into before determination made

  1. The Commissioner may not make a determination under this Part in relation to an application if, while the application is pending, the parties enter into an agreement in relation to the child support payable for the child in relation to whom the determination was sought and either—

  2. the agreement is a qualifying voluntary agreement that is accepted by the Commissioner under Part 3; or
    1. an election is made in accordance with section 27 to end the liability of the liable parent to pay child support in respect of the child under a formula assessment.

      Notes
      • Section 96K: inserted (with effect on 1 July 1994), on , by section 5(1) of the Child Support Amendment Act 1994 (1994 No 74).