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New Zealand law explained for everyone

Child Support Act 1991

Departure from formula assessment of child support initiated by liable parent or receiving carer

96N: Suspension of liabilities

You could also call this:

“Pausing child support payments while a change is being decided”

When you apply for a change in how child support is calculated, you or the other person involved can ask the Commissioner to pause the payments. This is called a suspension order. The Commissioner can make this decision in the same way a court would.

The Commissioner won’t pause the payments unless they think the decision about changing the calculation will take an unusually long time. They also won’t make a suspension order until after the time for the other person to respond has ended.

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Topics:
Family and relationships > Children and parenting
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96M: Effect of pending applications, or

"What happens while someone applies to change child support"

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96O: Commencement of determinations, or

"When changes to child support calculations begin"

Part 6A Departure from formula assessment of child support initiated by liable parent or receiving carer

96NSuspension of liabilities

  1. When an application has been made under this Part, a party to the application may apply to the Commissioner for a suspension order, and section 117 shall apply with necessary modifications as if references to the court were references to the Commissioner.

  2. The Commissioner shall not make a suspension order under this section—

  3. unless the Commissioner is satisfied that the making of a determination is likely to be unusually delayed; and
    1. until the time for filing a reply has expired.

      Notes
      • Section 96N: inserted (with effect on 1 July 1994), on , by section 5(1) of the Child Support Amendment Act 1994 (1994 No 74).
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