Child Support Amendment Bill

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Hon Peter Dunne

Child Support Amendment Bill

Government Bill



Explanatory note

1  Title

2  Commencement

3  Principal Act amended

Part 1
Formula assessment of child support

4  Long Title repealed

5  Interpretation

6  Objects

7  New section 4A inserted

Amendments to Part 1 (liability to pay)

8  Children who qualify for child support

9  New headings and sections 7B to 19 substituted

Application for formula assessment

Determining care cost percentages

Liable parents and receiving carers

Beginning of liability to pay child support under formula assessment

10  New section 25 substituted

Amendments to Part 2 (assessment of amounts)

11  New headings and sections 28A to 36D substituted

Determining income percentages

Amounts payable in respect of receiving carers

Expenditure on children

12  Effect of election

Amendments to Part 5 (procedures)

13  Minimum rate of child support or domestic maintenance

14  New section 82 substituted

15  New sections 88 to 89 substituted

Amendments to Part 6 (objections)

16  Objections to appealable decisions

17  Objections to assessments

18  Requirements in relation to objections

Amendment to Part 6B (Commissioner-initiated administrative reviews)

19  Commissioner may make determination under this Part

Amendments to Part 7 (appeals and departure orders)

20  Sections 100 and 101 repealed

21  Orders that may be made

Amendment to Part 9 (payment)

22  New section 152B inserted

New Schedules 1 and 2 inserted

23  New Schedules 1 and 2 inserted

Consequential amendments

24  Consequential amendments to principal Act

25  Consequential amendment to Adoption Act 1955

Part 2
Departures from formula assessment, collection, penalties, and relief

Amendments to Part 7 (grounds for departure from formula assessment)

26  Matters as to which court must be satisfied before making order

Amendments to Part 8 (automatic deduction)

27  New heading and sections 129 to 131A substituted

Financial support to be collected only by automatic deduction or other method acceptable to Commissioner

Amendments to Part 8 (penalties)

28  New sections 134 to 134C substituted

Amendments to Part 8 (relief from penalties)

29  Interpretation for purposes of sections 135A to 135O

Amendment to Part 8 (payment agreements)

30  New heading and section 135AA inserted

Sufficient reason for declining to enter into or make payment agreement

Amendments to Part 8 (discretionary relief from penalties)

31  Application of sections 135B to 135G

32  New section 135FA inserted

33  Discretionary relief for residual incremental penalty debt

34  New section 135GA inserted

Amendment to Part 8 (mandatory relief from initial late payment penalties)

35  New sections 135GB and 135H inserted

Amendments to Part 8 (mandatory relief from incremental penalties)

36  Relief from incremental penalties unpaid before agreement entered into

37  Relief from incremental penalties in relation to arrangements entered into or made before commencement

38  Relief from ongoing incremental penalties if payment agreement in force

39  Relief from ongoing incremental penalties if deduction notice in force

Amendment to Part 9 (payment)

40  Method in which payments to be made

Amendment to Part 10 (automatic deductions)

41  Deduction notice

Amendment to Part 11 (discretion to write off certain child support debt)

42  New section 180A inserted

Schedule 1
New Schedules 1 and 2 inserted

Schedule 2
Consequential amendments to principal Act

The Parliament of New Zealand enacts as follows: