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Child Support Act 1991

Transitional and savings provisions - Conversion of liable parent contributions

261: Automatic applications for formula assessment in respect of existing liable parent contributors

You could also call this:

"Automatic child support calculations for parents who were already paying"

If you were a parent who had to pay money for a child under the Social Security Act 1964 on 15 March 1992, some changes might happen. The person who looks after the child might be treated as if they asked for child support to be worked out using a formula on 16 March 1992. This will happen if the Commissioner gets enough information from the government department in charge of social security.

The Commissioner will try to let you know about this as soon as possible. They will send you a notice with information about it.

If you get this notice and you don't think you're the child's parent, you need to tell the Commissioner in writing within 2 months. If you do this, the automatic application won't happen.

If you say you're not the parent, the person looking after the child might need to apply for child support. If they get a social security benefit, they have to apply. If they don't get a benefit, they can choose to apply if they want to.

This law helps to change how child support is worked out for people who were already paying before the new system started.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM257741.

Topics:
Family and relationships > Children and parenting
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Part 16Transitional and savings provisions
Conversion of liable parent contributions

261Automatic applications for formula assessment in respect of existing liable parent contributors

  1. Where—

  2. any person is, on 15 March 1992, a liable parent under the Social Security Act 1964; and
    1. the Commissioner obtains sufficient information from the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964 to be satisfied that the information required to be provided under section 14 of this Act has been provided,—
        1. the custodian of the qualifying child in respect of whom those contributions are so required to be made shall be deemed to have made a properly made application for formula assessment of child support in relation to that child and that liable parent on 16 March 1992, and the provisions of this Act shall, with any necessary modifications, apply accordingly.

      1. The Commissioner shall, as soon as practicable, give a notice in accordance with section 23 to each liable parent to whom this section applies.

      2. Any person to whom any such notice is given and who disputes that he or she is a parent of the child within the meaning of section 7 shall, notwithstanding section 92, notify the Commissioner in writing of that fact not more than 2 months after the date on which the notice is given.

      3. Where any such notification is received by the Commissioner,—

      4. subsection (1) shall not apply; and
        1. if the custodian is an eligible custodian of that child who is in receipt of a social security benefit, the custodian shall be required to make an application for formula assessment of child support in relation to that child and that liable parent in accordance with section 9; and
          1. if the custodian is an eligible custodian of that child who is not in receipt of a social security benefit, the custodian may make an application for formula assessment of child support in relation to that child and that liable parent under section 8.

            Notes
            • Section 261(1)(a): amended (with effect on 18 December 1991), on , by section 3 of the Child Support Amendment Act 1993 (1993 No 15).
            • Section 261(1)(b): amended, on , by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).