Child Support Act 1991

Amount of child support payable under formula assessment made by Commissioner - Determining income percentages

35A: Living allowance

You could also call this:

"Money parents keep for basic needs before paying child support"

When calculating child support, the government sets a living allowance for parents. This is how much money they think you need to live on before paying child support.

Your living allowance is based on a set amount, which is then increased to cover income tax. It's then turned into a yearly amount.

The amount you get depends on your situation. Most people get the standard rate. But if you get a special benefit called a supported living payment and you're single with kids, you get a different rate.

The government uses the rates that were in place on January 1st of the year before your child support year starts.

The tax department (Inland Revenue) must put information about the current and previous year's living allowances on their website. This way, you can easily find out how much the living allowance is.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6438917.


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35: Adjusted income, or

"How the law calculates your income for child support"


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35B: Dependent child allowance, or

"Money you can subtract when working out child support if you care for other kids"

Part 2Amount of child support payable under formula assessment made by Commissioner
Determining income percentages

35ALiving allowance

  1. A parent's living allowance in a child support year is the appropriate amount referred to in subsection (2)—

  2. increased by the total amount of income tax deductions that would be required to make the rate a gross, rather than a net, rate (as determined as at 1 January in the immediately preceding child support year, in accordance with section RD 11(3) of the Income Tax Act 2007); and
    1. annualised.
      1. The amount of living allowance is as follows:

      2. for a person not identified in paragraph (b), the rate set out in clause 1 of Part 2 of Schedule 4 of the Social Security Act 2018 (ignoring the reference to Income Test 1):
        1. for a person granted a supported living payment under subpart 4 of Part 2 of the Social Security Act 2018 who is, for the purposes of that benefit, a single beneficiary with 1 or more dependent children, the rate set out in clause 1(c) of Part 3 of Schedule 4 of that Act (ignoring the reference to Income Test 1).
          1. The version of the appropriate schedule of the Social Security Act 2018 that applies in a child support year is the version in force on 1 January in the immediately preceding child support year.

          2. The Commissioner must ensure that notice of the applicable living allowances under this section that apply to the current and (if applicable) the previous child support year is available at all reasonable times on an Internet site maintained by or on behalf of the Inland Revenue Department.

          Notes
          • Section 35A: inserted, on , by section 12 of the Child Support Amendment Act 2013 (2013 No 12).
          • Section 35A(1)(a): amended, on , by section 11(1) of the Child Support Amendment Act 2021 (2021 No 6).
          • Section 35A(2): replaced, on , by section 459 of the Social Security Act 2018 (2018 No 32).
          • Section 35A(2)(b): replaced (with effect on 20 April 2020), on , by section 28 of the COVID-19 Response (Taxation and Other Regulatory Urgent Measures) Act 2020 (2020 No 10).
          • Section 35A(2)(b): amended, on , by section 8 of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
          • Section 35A(2)(b): amended, on , by section 11(2) of the Child Support Amendment Act 2021 (2021 No 6).
          • Section 35A(3): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).