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Child Support Act 1991

Departure from formula assessment of child support initiated by Commissioner

96Y: Election by receiving carer or by liable parent to become party or discontinue proceedings

You could also call this:

"Choosing to join or leave child support talks with the government"

You can choose to be part of or stop child support proceedings with the Commissioner. If you're a receiving carer or a liable parent who isn't the subject parent, you're called a 'relevant person'.

If you want to be part of the proceedings, you need to tell the Commissioner in writing within 14 days after they send you a notice. The Commissioner will then let the subject parent know about your choice.

You can also choose to stop the proceedings about how much child support should be paid. But there are some rules:

If you're a receiving carer who got a UCB benefit during a certain time, you can't stop proceedings for child support that was supposed to be paid then. Also, if you're getting a UCB benefit now, you can't stop proceedings for future child support payments.

If you want to stop the proceedings, you need to tell the Commissioner in writing. If there's more than one relevant person, all of them need to agree to stop the proceedings.

Remember, you can only become part of these proceedings by following these rules.

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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=DLM255197.

Topics:
Family and relationships > Children and parenting
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96X: Commissioner to notify receiving carers and liable parent with rights of election under section 96Y, or

"Child Support: Notifying caregivers and parents about their choices when proceedings start"

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96Z: Written representations by parties, or

"Parties can send written reasons about changing child support payments"

Part 6BDeparture from formula assessment of child support initiated by Commissioner

96YElection by receiving carer or by liable parent to become party or discontinue proceedings

  1. Any relevant person (see subsection (8)) may elect to become a party to proceedings before the Commissioner under this Part.

  2. A relevant person may elect to discontinue proceedings in relation to a formula assessment of child support that was or will become payable, except that—

  3. a receiving carer who was a UCB beneficiary during a particular period may not elect to discontinue proceedings in respect of child support that was payable during that period; and
    1. a receiving carer who is a UCB beneficiary may not elect to discontinue proceedings in respect of child support that will become payable.

      1. If a relevant person makes an election under subsection (1) or (2), the election must be—

      2. in writing; and
        1. filed with the Commissioner within 14 days after the date on which the Commissioner sends notification to the relevant person under section 96X.

          1. The Commissioner must inform the subject parent of any election made by a relevant person under this section as soon as practicable after it is filed with the Commissioner.

          2. A relevant person may become a party to proceedings under this Part only in accordance with this section.

          3. If a relevant person makes an election under subsection (2) to discontinue proceedings in relation to formula assessment of child support that was or will become payable, the Commissioner must discontinue the proceedings that relate to formula assessment of that child support in accordance with the election.

          4. However, if there is more than 1 relevant person, the Commissioner must not discontinue the proceedings unless each relevant person has elected under subsection (2) to discontinue them.

          5. In this section and sections 96Z and 96ZA, relevant person means—

          6. a receiving carer who is not the subject parent; or
            1. a liable parent who is not the subject parent.

              Notes
              • Section 96Y: inserted, on , by section 24 of the Child Support Amendment Act 2006 (2006 No 42).
              • Section 96Y heading: amended, on , by section 33(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
              • Section 96Y heading: amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 96Y(1): amended, on , by section 33(2) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
              • Section 96Y(1): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 96Y(2): replaced, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 96Y(2): amended, on , by section 33(3) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
              • Section 96Y(2)(a): amended, on , by section 11 of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
              • Section 96Y(2)(b): amended, on , by section 11 of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
              • Section 96Y(3): amended, on , by section 33(4) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
              • Section 96Y(3)(b): amended, on , by section 33(4) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
              • Section 96Y(4): amended, on , by section 33(5) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
              • Section 96Y(4): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 96Y(5): amended, on , by section 33(6) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
              • Section 96Y(6): amended, on , by section 33(7) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
              • Section 96Y(7): inserted, on , by section 33(8) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
              • Section 96Y(8): inserted, on , by section 33(8) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).