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Child Support Act 1991

Liability to pay child support under formula assessment - Persons who are principal providers of care or who share care substantially equally

13A: Cases where formula assessment to be refused

You could also call this:

"When the government won't calculate child support payments"

The Commissioner must not make a formula assessment for a qualifying child in certain situations. If you're living with one of the child's parents in a marriage, civil union, or de facto relationship, the Commissioner won't make a formula assessment. But there's an exception to this rule. If you're a parent of the child and the child has another parent or a non-parent carer that you're not living with in a marriage, civil union, or de facto relationship, then the Commissioner can still make a formula assessment.

If you're a non-parent carer of the child and the Commissioner decides you're not a receiving carer, they won't make a formula assessment. If the Commissioner refuses to make a formula assessment for any of these reasons, they will let you know and cancel any notices they've already sent out about it.

The Commissioner refers to the person mentioned in section 13 when talking about cancelling notices.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6759714.

Topics:
Family and relationships > Children and parenting
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13: Notification by Commissioner of application, or

"Commissioner tells everyone when someone asks for child support"

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14: Commissioner to establish proportions of care, or

"The government works out how much time parents spend caring for their child"

Part 1Liability to pay child support under formula assessment
Persons who are principal providers of care or who share care substantially equally

13ACases where formula assessment to be refused

  1. The Commissioner must refuse to make a formula assessment in respect of a qualifying child if subsection (2) or (4) applies.

  2. This subsection applies if the applicant is living with a parent of the child in a marriage, civil union, or de facto relationship.

  3. However, subsection (2) does not apply if—

  4. the applicant is a parent of the child; and
    1. the child has—
      1. a parent with whom the applicant is not living in a marriage, civil union, or de facto relationship; or
        1. a non-parent carer with whom the applicant is not living in a marriage, civil union, or de facto relationship and who the Commissioner determines is a receiving carer.

        2. This subsection applies if the applicant is a non-parent carer of the child who the Commissioner determines is not a receiving carer.

        3. If the Commissioner refuses to make a formula assessment under this section, the Commissioner must notify the applicant of the refusal (and withdraw any notices given under section 13).

        Notes
        • Section 13A: inserted, on , by section 9 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).