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Child Support Act 1991

Departure from formula assessment of child support initiated by Commissioner

96ZB: Determinations that may be made

You could also call this:

"The child support office can make important decisions about child support payments"

The Commissioner can make decisions about child support that are like what a court can do. These decisions are called determinations. When the Commissioner makes a determination, they have to follow certain rules.

The Commissioner can make any decision that a court could make under section 106(1). There are some other rules that apply to these determinations, just like they would for court orders. These rules are about things like the minimum amount of child support someone has to pay, what kinds of orders can be made, how to put the orders into action, and when the orders stop working.

When the Commissioner makes a determination, they have to write down why they made that decision. They need to explain why they think a determination should be made. The Commissioner has to give these reasons to everyone involved in the case.

If the Commissioner doesn't write down the reasons for their determination, it doesn't mean the determination is invalid. The determination still counts even if they forget to explain why they made it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255303.

Topics:
Family and relationships > Children and parenting
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"How the Commissioner makes decisions about child support"

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

96ZBDeterminations that may be made

  1. The Commissioner may make as a determination under this Part any decision that the court could make as an order under section 106(1), and the following provisions apply, with necessary modifications, as if a determination were an order:

  2. section 98 (which sets the minimum liability in respect of child support):
    1. section 106(2) to (4) (which relates to the orders that may be made):
      1. section 107 (which relates to implementation of orders):
        1. section 119(1)(a) (which relates to cessation of orders).

          1. The Commissioner must, in writing, give reasons for making the determination (including the reasons why the Commissioner is satisfied, in accordance with section 96R, that a determination should be made) to each party to the proceedings.

              1. A contravention of subsection (2) in relation to a determination does not affect the validity of the determination.

              Notes
              • Section 96ZB: inserted, on , by section 24 of the Child Support Amendment Act 2006 (2006 No 42).
              • Section 96ZB(2): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 96ZB(2)(a): repealed, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 96ZB(2)(b): repealed, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).