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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

107: Implementation of orders

You could also call this:

“How changes to child support are put into action”

When a decision is made about a special child support situation, the Commissioner will act on it as soon as possible. They will change any existing child support calculations to match the decision.

After that, when the Commissioner makes new child support calculations, they will follow the normal rules, but with the changes from the decision.

If something important changes after the decision was made, the Commissioner can do two things:

  1. They can change existing child support calculations to reflect the new situation.
  2. When making new calculations, they can use the normal rules with changes that match both the decision and the new situation.

The Commissioner can also use other parts of the law about child support payments, with some changes, to make sure they’re following what the court decided.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255357.

Topics:
Family and relationships > Children and parenting
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"This rule about balancing money owed in child support cases no longer exists"

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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

107Implementation of orders

  1. When an order determining an application under section 104 becomes final, the Commissioner shall, as soon as practicable, take such action as is necessary to give effect to the decision in relation to any 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).

  2. Subject to subsection (3), 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, the Commissioner shall act on the basis of the provisions of this Act as modified by the order.

  3. Notwithstanding subsection (2), where the Commissioner becomes aware of a change in circumstances which, had that change occurred prior to 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—

  4. amend an existing formula assessment in relation to the child, the receiving carer, and the liable parent concerned to reflect that change in such manner as 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.

      1. Without limiting subsections (1) to (3), the Commissioner may, in taking action under any of those subsections, apply some or all of the provisions of this Act relating to the amount of child support payable in relation to a receiving carer under a formula assessment (for example, sections 36A to 36C) with the modifications the Commissioner considers necessary to achieve fully the intention of the court’s order.

      Compare
      • Child Support (Assessment) Act 1989 s 119 (Aust)
      Notes
      • Section 107(1): amended, on , by section 41 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).
      • Section 107(1): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
      • Section 107(2): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
      • Section 107(3)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
      • Section 107(3)(b): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
      • Section 107(4): inserted, on , by section 42 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).