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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

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

You could also call this:

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

You need to know about a rule for child support when a child has two receiving carers - one is a parent, and the other is not a parent.

If you're the parent carer (called person P), the amount of child support you get is based on the difference between your income percentage and care cost percentage. Even though this difference is usually negative, it's treated as positive for this calculation.

If there's a multi-group cap (a limit on how much child support can be paid), the amount you get is calculated differently. It's based on the amount for the child under the cap, multiplied by the difference between your income and care cost percentages (again, treated as positive).

The non-parent carer gets the rest of the child support amount after your share is taken out.

But, if you're a parent and you care for the child less than 35% of the time, you won't get any child support under this rule.

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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=DLM6438947.

Topics:
Family and relationships > Children and parenting
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36B: Where no receiving carers are parents, or

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

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36D: Child expenditure tables, or

"Table showing how much parents might spend on their children based on their income"

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

36CWhere 1 receiving carer is parent and other is non-parent

  1. This section applies if, in respect of a qualifying child, there are 2 receiving carers, where 1 of them is a parent of the child and the other is a non-parent carer of the child.

  2. The amount of child support payable in respect of the receiving parent (person P) is—

  3. the amount of annual child support that person P would pay if the difference between person P's income percentage and care cost percentage (which, under the formula in section 30, is a negative percentage) were a positive percentage; or
    1. if the multi-group cap applies, the amount determined by multiplying—
      1. the amount payable in respect of the qualifying child, as determined by the liable parent's multi-group cap; by
        1. the difference between person P's income percentage and care cost percentage, as if it were a positive percentage.

        2. The amount of child support payable in respect of the non-parent receiving carer is the annual amount of child support payable by the liable parent for the child, minus the amount payable under subsection (2) to person P.

        3. However, no child support is payable under subsection (2) in respect of a receiving carer who is a parent of a qualifying child if the parent provides less than 35% of ongoing daily care to the child.

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