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Child Support Act 1991

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

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

You could also call this:

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

If you are a receiving carer or a liable parent, you can appeal to the Family Court against a decision made by the Commissioner under Part 6A of the Child Support Act. You can do this if you didn’t make the original application for the decision.

You need to make your appeal within 2 months after the decision was made. If you need more time, you can ask a Family Court Judge or Family Court Associate for an extension.

The people involved in the appeal are you (the person making the appeal) and anyone else who was part of the original decision process.

When you appeal, the court will look at all the information again, as if it’s a new case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255336.

Topics:
Family and relationships > Children and parenting
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103A: Appeal in relation to determination or decision under subpart 3 of Part 5A, or

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

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103C: Appeal from determination under Part 6B, or

"You can ask for a child support decision to be looked at again"

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

103BAppeal by respondent from determination under Part 6A

  1. A receiving carer may appeal to the Family Court against a determination made by the Commissioner under Part 6A if the receiving carer is not the person who made the application for the determination under section 96B.

  2. A liable parent may appeal to the Family Court against a determination made by the Commissioner under Part 6A if the liable parent is not the person who made the application for the determination under section 96B.

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

  4. 2 months after the date on which the determination 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, subject to section 125,—

      2. the appellant; and
        1. any other party to the proceedings under Part 6A.

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

          Notes
          • Section 103B: inserted, on , by section 25 of the Child Support Amendment Act 2006 (2006 No 42).
          • Section 103B(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 103B(1): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
          • Section 103B(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 103B(3)(b): amended, on , by section 36 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).
          • Section 103B(4)(b): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).