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Child Support Act 1991

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

96L: Subsequent applications

You could also call this:

“Rules for making a new child support application after a previous decision”

This section explains when you can make another application about child support after a decision has already been made. You can only make a new application if the Commissioner agrees that one of two things has happened:

  1. You have new information that wasn’t looked at before.
  2. You’re asking to change the child support for a different reason than last time.

The Commissioner will look at your new application and any papers you send with it. They will also think about what was considered in the earlier decision.

If the Commissioner doesn’t think your application meets these rules, they can say no to looking at it again. If they say no, they have to tell you why in writing.

Remember, this only applies if there’s already been a decision made about your child support, either by the Commissioner, the Family Court, or through an appeal.

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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=DLM255167.

Topics:
Family and relationships > Children and parenting
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96K: Child support agreements entered into before determination made, or

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

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96M: Effect of pending applications, or

"What happens while someone applies to change child support"

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

96LSubsequent applications

  1. This section applies to a formula assessment of child support if—

  2. a determination has been made in connection with that formula assessment under this Part or Part 6B; or
    1. an appeal has been heard by the Family Court under section 103B or 103C in connection with that formula assessment; or
      1. an application has been heard by the Family Court under section 104 in connection with that formula assessment.

        1. An application may be made under this Part in connection with a formula assessment to which this section applies only if the Commissioner is satisfied, in his or her discretion, after considering the matters referred to in subsection (3), that either—

        2. a new matter has been submitted in support of that application that was not considered in relation to the previous application, determination, or appeal; or
          1. the application is made on a ground for departing from the formula assessment that is different from the ground or grounds that were considered in relation to the previous application, determination, or appeal.

            1. The matters to be considered are—

            2. the current application and any accompanying documentation; and
              1. any matter taken into account by the Commissioner or the court in the course of considering the previous application, determination, or appeal.

                1. The Commissioner is required to take into account the matters specified in subsection (3) only to the extent that the Commissioner has knowledge of those matters.

                2. If the Commissioner is not satisfied of the matters of which the Commissioner is required to be satisfied under this section, the Commissioner may refuse to make a determination without taking any further action under this Part.

                3. The Commissioner must give the applicant, in writing, the reasons for refusing to make the determination.

                Notes
                • Section 96L: substituted, on , by section 23 of the Child Support Amendment Act 2006 (2006 No 42).
                • Section 96L(1)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 96L(1)(c): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).