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Child Support Act 1991

Jurisdiction of courts in relation to child support and domestic maintenance - General provisions relating to jurisdiction

98: Minimum liability in respect of child support

You could also call this:

“The lowest amount of money a parent must pay for child support”

When a court makes an order about child support, there are rules about how low the amount can go. If the order is about a formula assessment or a special order under section 109, the amount can’t be less than the minimum yearly rate set by section 72(1)(a). For all other orders, the amount can’t be less than $520 per year.

Sometimes, a parent might have to pay child support to more than one carer. If the court order would make the amount lower than the minimum yearly rate, and there’s more than one carer, the minimum amount is split between the carers. They share it based on how many of the parent’s qualifying children each carer looks after.

These rules apply even if the amount for one child is higher than what the order says, or if the amount for a child not covered by the order is higher than it would have been without the order.

Remember, these rules are there to make sure child support payments don’t go below a certain amount, no matter what kind of order is made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255320.

Topics:
Family and relationships > Children and parenting
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Part 7 Jurisdiction of courts in relation to child support and domestic maintenance
General provisions relating to jurisdiction

98Minimum liability in respect of child support

  1. An order made under this Part as to the annual rate of child support must not operate in a child support year so as to reduce that rate below,—

  2. for an appeal on, or other order relating to, a formula assessment or an order under section 109, the minimum annual rate for that year under section 72(1)(a); and
    1. for all other orders, $520.

      1. Subsection (2A) applies when—

      2. an order would, but for this section, operate in a child support year so as to reduce the annual rate of child support payable under a formula assessment below the minimum annual rate for that year under section 72(1)(a); and
        1. the child support payable is payable under the formula assessment in respect of more than 1 receiving carer.

          1. When this subsection applies, the annual rate of child support payable in the child support year to each receiving carer is the minimum annual rate under section 72(1)(a) divided between the receiving carers on the basis of the number of the liable parent’s qualifying children in respect of whom a formula assessment applies that each receiving carer provides care for.

          2. Subsection (2A) applies notwithstanding—

          3. that the annual rate of child support payable in respect of a child to whom the order relates is greater than the rate provided for by the order:
            1. that the annual rate of child support payable in respect of a child to whom the order does not relate is greater than the rate which would have been payable if the order had not been made.

              Notes
              • Section 98(1): substituted, on , by section 5(2) of the Child Support Amendment Act 2001 (2001 No 90).
              • Section 98(2): replaced, on , by section 213(1) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
              • Section 98(2A): inserted, on , by section 213(1) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).
              • Section 98(2A): amended, on , by section 36 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
              • Section 98(3): amended, on , by section 213(2) of the Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014 (2014 No 39).