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Child Support Act 1991

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

103E: Implementation of orders

You could also call this:

“How the government puts court decisions about child support into action”

When the Family Court makes a final decision on an appeal about child support, the Commissioner needs to act on it quickly. They will change any child support assessments or exemptions to match what the court decided.

After that, when the Commissioner makes new assessments, they will follow the court’s decision. But if something important changes that might have made the court decide differently, the Commissioner can change things again. They can update existing assessments or make new ones that consider both the court’s decision and the new situation.

The Commissioner can do this to make sure the child support assessment is fair and up-to-date, even after the court has made its decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255342.

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Family and relationships > Children and parenting Government and voting > Government departments
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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"

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104: Application for departure from formula assessment in special circumstances, or

"Asking to change how your child support is worked out in special cases"

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

103EImplementation of orders

  1. When a decision of the Family Court making an order in determination of an appeal under section 103D becomes final, the Commissioner must, as soon as practicable, take the action necessary to give effect to the decision in relation to any—

  2. formula assessment that has been made in relation to the child, the receiving carer, and the liable parent concerned (whether by amending the assessment or otherwise); or
    1. exemption granted under this Act in relation to the payee and the liable person concerned (whether by amending an assessment or otherwise).

      1. Subject to subsection (3), in subsequently making an assessment in relation to the child, the payee, and the liable person concerned while the order is in force, the Commissioner must act on the basis of the provisions of this Act as modified by the order.

      2. Despite subsection (2), if the Commissioner becomes aware of a change in circumstances which, had that change occurred before the making of that order, could reasonably be expected to have resulted in the order being different from that which was made, the Commissioner may—

      3. amend an existing formula assessment in relation to the child, the receiving carer, and the liable parent concerned to reflect that change in any manner that the Commissioner considers appropriate; or
        1. in subsequently making a formula assessment in relation to the child, the receiving carer, and the liable parent concerned while the order is in force, act on the basis of the provisions of this Act as modified to reflect the tenor of the order and the change in circumstances that has occurred since the order was made.

          Notes
          • Section 103E: inserted, on , by section 25 of the Child Support Amendment Act 2006 (2006 No 42).
          • Section 103E(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 103E(1)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
          • Section 103E(3)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
          • Section 103E(3)(b): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).