Plain language law

New Zealand law explained for everyone

Child Support Act 1991

Departure from formula assessment of child support initiated by Commissioner

96ZD: Effect of pending proceedings under this Part

You could also call this:

“How child support continues while the Commissioner reviews your case”

When the Commissioner starts proceedings under this part of the law, it doesn’t change anything about your current child support situation. This means:

You still need to pay the amount of child support that was decided by the formula assessment. The amount doesn’t change just because proceedings have started.

You must keep paying your child support as usual. The proceedings don’t pause or stop your responsibility to pay.

The Commissioner can still collect and recover child support payments from you. Their right to do this isn’t affected by the proceedings.

In simple terms, even if the Commissioner has started looking into your child support case, everything carries on as normal until a decision is made.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM255307.

Topics:
Family and relationships > Children and parenting
Previous

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

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

Next

96ZE: Commencement of determinations, or

"When decisions about child support start to work"

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

96ZDEffect of pending proceedings under this Part

  1. The fact that the Commissioner has started proceedings under this Part does not suspend, interfere with, or affect—

  2. any formula assessment made in relation to the liable parent; or
    1. the obligation to pay child support; or
      1. the right of the Commissioner to receive and recover child support.

        Notes
        • Section 96ZD: inserted, on , by section 24 of the Child Support Amendment Act 2006 (2006 No 42).