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Child Support Act 1991

Jurisdiction of courts in relation to child support and domestic maintenance - Appeals in relation to determinations

103A: Appeal in relation to determination or decision under subpart 3 of Part 5A

You could also call this:

"You can challenge decisions about changes to your child support payments in court"

Illustration for Child Support Act 1991

If you are a person who receives child support payments or a person who has to pay child support, you can appeal to the Family Court if you disagree with certain decisions made by the Commissioner. You can appeal against a determination made under subpart 3 of Part 5A, or if the Commissioner refused to make a determination under that subpart.

You have two months from the date of the decision to make your appeal. If you need more time, you can ask a Family Court Judge or Family Court Associate for an extension. You can do this before or after the two-month period ends.

When you appeal, there will be three parties involved: you (the person making the appeal), the other person involved in the original decision, and the Commissioner.

The appeal will be a new hearing of the case, which means the court will look at all the information again from the beginning.

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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=DLM255334.

Topics:
Family and relationships > Children and parentingCrime and justice > Courts and legal help
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103: Appeals against assessments, or

"You can ask the Family Court to review a child support decision you disagree with"

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103B: Appeal by respondent from determination under Part 6A, or

"You can challenge a child support decision in court if you didn't ask for it originally"

Part 7Jurisdiction of courts in relation to child support and domestic maintenance
Appeals in relation to determinations

103AAppeal in relation to determination or decision under subpart 3 of Part 5A

  1. A payee or a liable person may appeal to the Family Court against—

  2. a determination made by the Commissioner under subpart 3 of Part 5A; or
    1. a decision made under that subpart to refuse to make a determination.

      1. An appeal under this section must be lodged within—

      2. 2 months after the date on which the determination or decision is made; or
        1. any further time that a Family Court Judge or Family Court Associate may allow on application made before or after the expiration of that period.

          1. The parties to an appeal are—

          2. the appellant; and
            1. the other party to the proceedings before the Commissioner resulting in the determination or decision; and
              1. the Commissioner.

                1. An appeal under this section is by way of rehearing.

                Notes
                • Section 103A: inserted, on , by section 25 of the Child Support Amendment Act 2006 (2006 No 42).
                • Section 103A(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 103A(2)(b): amended, on , by section 35 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).