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Child Support Act 1991

Transitional and savings provisions - Child maintenance liabilities after 1 July 1992 under existing court orders and registered agreements

266: Deferral of commencement of formula assessment in certain cases

You could also call this:

“Delaying child support payments when someone asks the court to review them”

If someone asks for a formula assessment of child support based on an existing order or agreement, the start date for payments might be delayed. This can happen if another person involved goes to the Family Court within two months of getting the assessment notice. The court might say no to their request, or it might make a new decision. Either way, the judge will decide when the formula assessment should start. This new start date can’t be earlier than when the person went to the Family Court. This rule helps make sure everyone has a chance to have their say before the new payments begin.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM257752.

Topics:
Family and relationships > Children and parenting
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"How the government handles old support payment orders after 1 July 1992"

Part 16 Transitional and savings provisions
Child maintenance liabilities after 1 July 1992 under existing court orders and registered agreements

266Deferral of commencement of formula assessment in certain cases

  1. Where—

  2. any party to an order or agreement to which section 263 applies makes an application for formula assessment of child support; and
    1. another party to that order or agreement makes an application to the Family Court under section 104 within 2 months after the date on which the notice of assessment was given by the Commissioner; and
      1. the Family Court either—
        1. declines the application; or
          1. declines to make an order pursuant to the application; or
            1. makes an order in determination of that application,—
              2. child support under a formula assessment shall, notwithstanding section 18, commence to be payable from such date as the Judge determines in the particular case, being a date that is not earlier than the date on which the application to the Family Court under section 104 was made.