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Child Support Act 1991

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

103D: Powers of Family Court on appeal

You could also call this:

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

When you appeal a decision about child support, the Family Court can do several things. It can agree with, change, or reverse the decision that was appealed. The court can also make any decision that the Commissioner could have made about the case.

The Family Court has the power to do anything the Commissioner could have done. This means they can decide that the usual way of calculating child support should be used, even if someone asked for it to be different. They can also make decisions about special cases that the Commissioner refused to decide on.

The court can make different decisions for different years or parts of years when it comes to child support. Their decision only affects the child or children mentioned in the case. It doesn’t change the child support for any other children.

When the Family Court makes a decision, they have to say how long it will last. They might say it lasts for a certain time, or until something specific happens.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255340.

Topics:
Family and relationships > Children and parenting
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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"

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103E: Implementation of orders, or

"How the government puts court decisions about child support into action"

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

103DPowers of Family Court on appeal

  1. In determining an appeal under any of sections 103A to 103C, the Family Court may—

  2. confirm, modify, or reverse any determination or decision appealed against (in whole or in part):
    1. make any decision that the Commissioner could have made in respect of the determination or decision appealed against:
      1. exercise any of the powers that could have been exercised by the Commissioner.

        1. Without limiting subsection (1),—

        2. in reversing a decision or part of a decision, the Family Court may make an order that the provisions of this Act relating to the formula assessment of child support should not be departed from:
          1. in reversing a decision made under subpart 3 of Part 5A to refuse to make a determination, the Family Court may exercise any of the powers that could have been exercised by the Commissioner to make a determination under that subpart.

            1. An order under this section may make different provision in relation to different child support years and in relation to different parts of a child support year.

            2. Subject to section 98(2), an order made under this section does not operate so as to increase or reduce the amount of child support payable in relation to any child to whom the order does not apply, and the child support payable in relation to any child to whom the order does not apply must be calculated as if the order had not been made.

            3. Every order made under this section must specify the period of time in which the order is to apply or specify the event the occurrence of which will cause the order to terminate.

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