Plain language law

New Zealand law explained for everyone

Child Support Act 1991

Jurisdiction of courts in relation to child support and domestic maintenance - Orders for departure from formula assessment in special circumstances

106A: Further provision on orders for re-establishment costs situations if income increases

You could also call this:

“Rules for child support payments when you earn extra money to get back on your feet”

When you earn extra money to help you get back on your feet, there are rules about how much of that money can be excluded when calculating your child support payments. The amount that can be excluded is limited to the smaller of two options:

  1. The amount of money you earned from your extra work that you used or will use to re-establish yourself.

  2. 30% of your adjusted income.

This means that even if you earn a lot more money from extra work, the most that can be excluded when figuring out your child support payments is 30% of your adjusted income. This rule helps make sure that child support payments are still fair, even when you’re working to improve your situation.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM6762124.

Topics:
Family and relationships > Children and parenting
Previous

106: Orders that may be made, or

"The court can change how your child support is calculated"

Next

106B: Further provision on orders for offsetting of liabilities situations, or

"This rule about balancing money owed in child support cases no longer exists"

Part 7 Jurisdiction of courts in relation to child support and domestic maintenance
Orders for departure from formula assessment in special circumstances

106AFurther provision on orders for re-establishment costs situations if income increases

  1. The amount that an order under section 106 on the ground in section 105(2)(d) excludes, or in effect excludes, from the parent’s adjusted income is not to exceed the lesser of the following:

  2. so much of the income from relevant additional work as has been used, or will be used, by the parent as referred to in section 105(2)(d)(ii):
    1. 30% of the parent’s adjusted income.

      Notes
      • Section 106A: inserted, on , by section 41(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
      • Section 106A: amended, on , by section 9(2) of the Child Support Amendment Act 2021 (2021 No 6).
      • Section 106A(b): amended, on , by section 9(2) of the Child Support Amendment Act 2021 (2021 No 6).
      OSZAR »