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Child Support Act 1991

Departure from formula assessment of child support initiated by Commissioner

96ZC: Commissioner may refuse to make determination because issues too complex

You could also call this:

“The Commissioner can say no to making a decision if things are too tricky”

The Commissioner can decide not to make a determination if they think the issues are too complicated to handle under this part of the law. If this happens, the Commissioner will stop the process without doing anything else.

The Commissioner must tell each parent and receiving carer involved in the process why they’re not making a determination. They need to give these reasons in writing.

The Commissioner can suggest that the receiving carer or the liable parent ask the court for an order under section 104. This means the Commissioner thinks it might be better for a court to look at the case instead.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255305.

Topics:
Family and relationships > Children and parenting
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96ZB: Determinations that may be made, or

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

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96ZD: Effect of pending proceedings under this Part, or

"How child support continues while the Commissioner reviews your case"

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

96ZCCommissioner may refuse to make determination because issues too complex

  1. If the Commissioner is satisfied, at any time after starting proceedings under this Part, that the matters in issue are too complex to be dealt with under this Part, the Commissioner may refuse to make the determination without taking any further action under this Part.

  2. The Commissioner must give each parent and receiving carer affected by the proceedings the reasons, in writing, for refusing to make the determination.

  3. The Commissioner may recommend that the receiving carer or the liable parent make an application to the court for an order under section 104.

Notes
  • Section 96ZC: inserted, on , by section 24 of the Child Support Amendment Act 2006 (2006 No 42).
  • Section 96ZC(2): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
  • Section 96ZC(3): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).