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Child Support Act 1991

Jurisdiction of courts in relation to child support and domestic maintenance - Effect of pending appeals

115: Pending appeal or application not to affect assessment

You could also call this:

“Appeals or applications don't pause child support payments while waiting for a decision”

If you make an appeal or application about your child support assessment, it doesn’t stop or change the assessment while you’re waiting for a decision. You still have to pay child support, and the Commissioner can still collect it from you.

However, there’s an exception to this rule. If you’ve appealed because you don’t think you’re the child’s parent, and a court hasn’t made a final decision about this yet, then the assessment, payment, and collection of child support can be put on hold.

The Commissioner is the person in charge of managing child support. They can keep receiving and recovering child support payments even if you’ve made an appeal or application, unless it’s about whether you’re the parent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255378.

Topics:
Family and relationships > Children and parenting
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114: Implementation of decision, or

"How decisions about ending an agreement are put into action"

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"Urgent child support payments are no longer available"

Part 7 Jurisdiction of courts in relation to child support and domestic maintenance
Effect of pending appeals

115Pending appeal or application not to affect assessment

  1. Subject to section 117, the fact that a proceeding is pending in relation to an appeal made by any person under section 102 or section 103, 103A, 103B, or 103C, or in relation to an application made by any person under section 104 or section 108 or section 112 or section 117, does not suspend, interfere with, or affect—

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

        1. Subsection (1) does not apply in relation to a person if—

        2. the person has made an appeal under section 102 in relation to a child; and
          1. a ground of the appeal is that the person was not a parent of the child; and
            1. there is not a final decision of a court determining that ground of the appeal.

              Compare
              • Child Support (Assessment) Act 1989 s 135 (Aust)
              Notes
              • Section 115(1): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
              • Section 115(1): amended, , by section 30 of the Child Support Amendment Act 2006 (2006 No 42).
              • Section 115(2)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).