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Child Support Act 1991

Amount of child support payable under formula assessment made by Commissioner - Amounts payable in respect of receiving carers

36B: Where no receiving carers are parents

You could also call this:

“What happens when the people caring for a child aren't their parents”

This law applies when a child has one or two people taking care of them, but neither of these carers is the child’s parent. Here’s how it works:

If there’s only one non-parent carer, they get all the child support that the parent who has to pay (called the liable parent) owes for that child.

If there are two non-parent carers, the child support is split between them. The amount each carer gets depends on how much care they provide for the child. It’s calculated using a special formula that takes into account the percentage of care each carer provides.

The formula looks at the total amount of child support the liable parent has to pay for the year. It then divides this amount based on the percentage of care each carer provides compared to the total care provided by both carers together.

This way, the carer who provides more care for the child will receive a larger share of the child support payment.

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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=DLM6438944.

Topics:
Family and relationships > Children and parenting
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36A: Where parent is sole receiving carer, or

"How child support is calculated when one parent cares for the child most of the time"

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36C: Where 1 receiving carer is parent and other is non-parent, or

"How child support works when a child has a parent carer and a non-parent carer"

Part 2 Amount of child support payable under formula assessment made by Commissioner
Amounts payable in respect of receiving carers

36BWhere no receiving carers are parents

  1. This section applies if, in respect of a qualifying child, there are 1 or 2 receiving carers, and neither of them is a parent of the child.

  2. If the liable parent is liable to pay child support in respect of just 1 non-parent receiving carer, the amount of child support payable in respect of that carer is the annual amount of child support payable by the liable parent for the child.

  3. If the liable parent is liable to pay child support in respect of 2 non-parent receiving carers, the amount of child support payable in respect of each carer is—

    f × (c% ÷ g%)

    Where:

    • f f

      is the annual amount of child support payable by the liable parent for the child

    • c% c%

      is the care cost percentage of the receiving carer in relation to the child

    • g% g%

      is the combined care cost percentages of both the receiving carers of the child, in relation to the child.

Notes
  • Section 36B: inserted, on , by section 12 of the Child Support Amendment Act 2013 (2013 No 12).