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Child Support Act 1991

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

103C: Appeal from determination under Part 6B

You could also call this:

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

If you’re involved in a child support case, you can appeal a decision made by the Commissioner under Part 6B of the Child Support Act. You need to do this within two months of the decision being made. If you miss this deadline, you can ask a Family Court Judge or Family Court Associate for more time.

When you appeal, you’re asking for the case to be looked at again. The people involved in the appeal are you (the person appealing), anyone else who was part of the original case, and the Commissioner.

Remember, this is a formal process, so it’s important to follow the rules and timelines carefully.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255338.

Topics:
Family and relationships > Children and parenting
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"You can challenge a child support decision in court if you didn't ask for it originally"

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103D: Powers of Family Court on appeal, or

"The Family Court can change or confirm decisions about child support when someone appeals"

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

103CAppeal from determination under Part 6B

  1. Any party referred to in section 96Q(2) may appeal to the Family Court against a determination made by the Commissioner under Part 6B.

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

  3. 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—

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

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

            Notes
            • Section 103C: inserted, on , by section 25 of the Child Support Amendment Act 2006 (2006 No 42).
            • Section 103C(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
            • Section 103C(1): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
            • Section 103C(2)(b): amended, on , by section 37 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).
            • Section 103C(3)(b): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).