Child Support Act 1991

If you need more information about this Act, please contact the administering agency: Inland Revenue Department

Part 1 Liability to pay child support under formula assessment

General principles concerning liability to pay child support

5 Children who qualify for child support

(1)

A child qualifies for child support if he or she—

(a)

is under the age of 18, or is aged 18 and enrolled at and attending a school; and

(b)

is not living with another person in a marriage, civil union or de facto relationship; and

(c)

in the case of a person aged 16 or older, is not financially independent; and

(d)

is a New Zealand citizen or is ordinarily resident in New Zealand.

(2)

In subsection (1)(a), school means—

(a)

a registered school (as defined in section 10(1) of the Education and Training Act 2020); or

(b)

an overseas school.

(3)

A child who is enrolled at a registered school and attends it until the end of the school’s academic year is deemed to be enrolled at and attending the school until 31 December in that year.

(4)

However, the latest that a child qualifies for child support is 31 December in the year in which they turn 18, regardless of whether they are still enrolled at and attending a school after that date.

Section 5(1)(a): replaced, on 1 April 2015, by section 9(1) of the Child Support Amendment Act 2013 (2013 No 12).

Section 5(1)(c): amended, on 26 October 2021, by section 5(1) of the Child Support Amendment Act 2021 (2021 No 6).

Section 5(1)(b): amended, on 26 April 2005, by section 3 of the Child Support Amendment Act 2005 (2005 No 6).

Section 5(2): inserted, on 1 April 2015, by section 9(2) of the Child Support Amendment Act 2013 (2013 No 12).

Section 5(2)(a): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 5(3): inserted, on 1 April 2015, by section 9(2) of the Child Support Amendment Act 2013 (2013 No 12).

Section 5(4): replaced, on 26 October 2021, by section 5(2) of the Child Support Amendment Act 2021 (2021 No 6).