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Child Support Act 1991

Jurisdiction of courts in relation to child support and domestic maintenance - Orders for departure from formula assessment in special circumstances

104: Application for departure from formula assessment in special circumstances

You could also call this:

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

You can ask the Family Court to change how child support is calculated for your child if you’re a receiving carer or a liable parent. You can do this only if child support is already being assessed for your child and one of these things has happened:

  1. The Commissioner has made a decision about your case and you’re the one who asked for that decision.
  2. The Commissioner has refused to make a decision about your case.
  3. The Commissioner started looking into your case but then refused to make a decision.
  4. You’re already involved in another case in the Family Court, and a judge or associate thinks it makes sense to look at your child support request at the same time.
  5. Your request is about child support for the year ending 31 March 1994 or earlier.

The people involved in this request are you (the receiving carer or liable parent) and the other parent.

Making this request doesn’t change anything about your current child support situation. You still need to pay or receive child support as usual, and the Commissioner can still collect any child support owed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255345.

Topics:
Family and relationships > Children and parenting
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Part 7 Jurisdiction of courts in relation to child support and domestic maintenance
Orders for departure from formula assessment in special circumstances

104Application for departure from formula assessment in special circumstances

  1. A receiving carer or a liable parent may apply to the Family Court for an order that all or some of the provisions of this Act relating to the formula assessment of child support be departed from in relation to a child.

  2. An application may be made only if—

  3. a formula assessment is in force in relation to the child, the receiving carer, and the liable parent concerned; and
    1. either—
      1. the Commissioner has made a determination under Part 6A in relation to the matter and the person who applies under this section is the person who applied for that determination; or
        1. the Commissioner has refused to make a determination under Part 6A in relation to the matter; or
          1. the Commissioner has refused to make a determination under Part 6B in relation to the matter after having commenced proceedings under that Part; or
            1. the receiving carer or the liable parent are parties to another application pending in the Family Court and a Family Court Judge or Family Court Associate is satisfied that it would be appropriate for the court to consider an application made under this section at the same time as it hears the other application; or
              1. the application relates, wholly or in part, to child support payable in the child support year ending on 31 March 1994 or any earlier child support year.

              2. Subject to section 125, the parties to the application are the liable parent and the receiving carer.

              3. Subject to section 117, the fact that an application is made by any person under this section does not suspend, interfere with, or affect—

              4. any formula assessment made in relation to the person; or
                1. the obligation to pay child support; or
                  1. the right of the Commissioner to receive and recover any child support.

                    Notes
                    • Section 104(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 104(1): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                    • Section 104(2): substituted (with effect on 1 July 1994), on , by section 6(1) of the Child Support Amendment Act 1994 (1994 No 74).
                    • Section 104(2)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                    • Section 104(2)(b)(i): amended, on , by section 26(1) of the Child Support Amendment Act 2006 (2006 No 42).
                    • Section 104(2)(b)(ii): amended, on , by section 26(2) of the Child Support Amendment Act 2006 (2006 No 42).
                    • Section 104(2)(b)(iia): inserted, on , by section 26(3) of the Child Support Amendment Act 2006 (2006 No 42).
                    • Section 104(2)(b)(iii): amended, on , by section 38 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).
                    • Section 104(2)(b)(iii): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 104(2)(b)(iii): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                    • Section 104(3): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).