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Child Support Act 1991

Departure from formula assessment of child support initiated by Commissioner

96Q: Commissioner may make determination under this Part

You could also call this:

“The Child Support Office can decide to change how child support is worked out”

The Commissioner can decide to change how child support is calculated for a child. This means they can choose not to use the usual formula for working out child support.

When this happens, there are three types of people who can be involved:

  1. The parent being reviewed (called the subject parent). This parent might be the one who has to pay child support, but they don’t have to be.

  2. Anyone who takes care of the child and receives child support. This could be a parent or someone else. They can choose to be involved if they want to.

  3. A parent who has to pay child support but isn’t the subject parent. They can also choose to be involved if they want to.

The people who choose to be involved can do so by following the rules in section 96Y.

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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=DLM255181.

Topics:
Family and relationships > Children and parenting
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96P: Restriction on publication of reports of proceedings, or

"Reports about child support cases can't be shared without permission"

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96R: Matters that Commissioner must be satisfied of before making determination, or

"What the Commissioner checks before making special child support decisions"

Part 6B Departure from formula assessment of child support initiated by Commissioner

96QCommissioner may make determination under this Part

  1. The Commissioner may, in accordance with this Part, make a determination having the effect that all or some of the provisions of this Act relating to formula assessment of child support will be departed from in relation to a child.

  2. The parties to proceedings under this Part are—

  3. the parent (who may, but need not, be a liable parent) who is the subject of a review under this Part (the subject parent); and
    1. any receiving carer, whether a parent or non-parent, of the child who elects, under section 96Y, to become a party; and
      1. a liable parent who is not the subject parent, but who elects, under section 96Y, to become a party.

        Notes
        • Section 96Q: inserted, on , by section 24 of the Child Support Amendment Act 2006 (2006 No 42).
        • Section 96Q(2): replaced, on , by section 23 of the Child Support Amendment Act 2013 (2013 No 12).