Child Support Act 1991

Jurisdiction of courts in relation to child support and domestic maintenance - Orders for provision of child support in form of lump sum

110: Relationship between lump sum orders and assessed child support

You could also call this:

“How lump sum payments affect regular child support payments”

When you have to pay child support to someone caring for your child, there are two ways this can happen: as a lump sum or as regular payments based on a formula. If you have to pay both ways for the same child, the court will usually say that the lump sum should count towards your regular payments. This is to make sure you don’t pay too much.

The court will write in the lump sum order whether or not the lump sum counts towards your regular payments. If it does count, the court will also say how much it’s worth each year or what percentage of your regular payments it covers.

The court can decide different amounts for different years or parts of years. When making these decisions, the court will think about what’s fair for you, the person caring for your child, and your child.

The court’s decision about the lump sum won’t change how much child support you pay for any other children not mentioned in the order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255365.


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109: Orders for provision of child support in form of lump sum, or

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111: Effect of lump sum orders on formula assessment of child support, or

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Part 7 Jurisdiction of courts in relation to child support and domestic maintenance
Orders for provision of child support in form of lump sum

110Relationship between lump sum orders and assessed child support

  1. Where—

  2. a liable parent is liable to provide child support to a receiving carer in respect of a child under a lump sum order made under section 109; and
    1. the liable parent is also liable to pay child support to that receiving carer in respect of that child under a formula assessment,—
      1. the court shall provide that the liable parent's liability to provide child support under the lump sum order shall be credited against his or her liability to pay child support under the formula assessment for any period to which the lump sum order relates unless the court is satisfied that, in the special circumstances of the case, it would be—
      2. just and equitable as regards the child, the liable parent, and the receiving carer; and
        1. otherwise proper,—
          1. that the child support should not be so credited.

          2. The court shall state in the lump sum order whether or not any such credit has been given.

          3. If the court states in the order that the child support is to be credited against the liable parent's liability under any relevant formula assessment, the court must also state in the order either—

          4. that the child support has an annual value of a specified amount and that the annual rate of the child support payable under any relevant formula assessment is to be reduced by that amount (but not in a child support year below the minimum annual rate for that year under section 72(1)(a)); or
            1. that the child support is to count for a specified percentage of the annual rate of child support payable under any relevant formula assessment.
              1. The court may, under subsections (1) and (3), make different provision in relation to different child support years and in relation to different parts of a child support year.

              2. In making a determination under subsection (1)(d), the court must have regard to the matters mentioned in section 105(4) and (5).

              3. The court may have regard to other matters beyond those specified in subsection (5).

              4. Subject to section 98(2), an order made under this section shall 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 such other child shall be calculated as if the order had not been made.

              Compare
              • Child Support (Assessment) Act 1989 s 125 (Aust)
              Notes
              • Section 110(1)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 110(1)(b): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 110(1)(c): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 110(3)(a): amended, on , by section 5(2) of the Child Support Amendment Act 2001 (2001 No 90).