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Child Support Act 1991

Departure from formula assessment of child support initiated by Commissioner

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

You could also call this:

“What the Commissioner checks before making special child support decisions”

The Commissioner can make a special decision about child support if they think the normal way of figuring it out would be unfair. They need to be sure of two things:

First, there are special reasons why using the normal formula would be unfair. This could be because of how much money the parents or child have, or what they own.

Second, making a special decision would be fair for the child, the person looking after the child, and the parent who has to pay. It also needs to be the right thing to do.

When the Commissioner is thinking about this, they need to follow some rules. These rules are the same ones a court would use when making this kind of decision. The Commissioner needs to think about these rules as if they were the court, and their decision is like a court order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255183.

Topics:
Family and relationships > Children and parenting
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96Q: Commissioner may make determination under this Part, or

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

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96S: Commissioner may make preliminary enquiries, or

"The Commissioner can check things out before making special child support decisions"

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

96RMatters that Commissioner must be satisfied of before making determination

  1. Subject to this Part, the Commissioner may make a determination under this Part if the Commissioner is satisfied that,—

  2. by virtue of special circumstances, application in relation to the child of the provisions of this Act relating to formula assessment of child support would result in an unjust and inequitable determination of the level of child support to be provided by the liable parent for the child because of the income, earning capacity, property, and financial resources of either parent or the child; and
    1. a determination under this Part would be—
      1. just and equitable as regards the child, the receiving carer, and the liable parent; and
        1. otherwise proper.

        2. Section 105(4) to (6) applies to the Commissioner in the exercise of his or her powers under this section as if—

        3. any reference in those subsections to the court were a reference to the Commissioner; and
          1. any reference in those subsections to an order were a reference to a determination under this Part.

            Notes
            • Section 96R: inserted, on , by section 24 of the Child Support Amendment Act 2006 (2006 No 42).
            • Section 96R(1)(b)(i): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).