If you disagree with our decision on your child support, Commissioner-initiated or exemption review, you can appeal in the Family Court within 2 months of that decision (or longer if the Court agrees).
Follow this process:
- if you responded to a review that the other parent applied for
- for Commissioner-initiated reviews (where we arranged the review)
- for exemption reviews – where you disagree with our decision after the hearing, or if you applied and we said the matter was too complex.
If you applied for a review (not exemption review), you cannot appeal our decision. You need to apply for a departure order instead.
Apply for a departure order – review applicant
Applying to the Family Court - overview
Before you start
We recommend you get legal advice before filing a defence. A lawyer can:
- help you decide whether you should appeal
- help you complete the application form
- explain what will happen throughout the process.
If you cannot afford a lawyer, you may qualify for legal aid.
Or, you can file your own notice of defence by following these steps.
Download the right form
Download your notice of defence – G12 form from the Ministry of Justice website. Fill it out, stating the facts as you see them.
Please note, Inland Revenue and the Court cannot fill out or lodge this form for you.
Appeal Inland Revenue’s decision in the Family Court – justice.govt.nz
Write your affidavit
This is a written statement setting out the facts of your case and any evidence you want the Court to consider. It supports your notice of defence.
You must sign it, and swear or affirm that the information is true and correct, in front of either:
- a registrar or deputy registrar of the Family Court
- a justice of the peace (JP)
- a barrister or solicitor – not your own.
Send to the Family Court
You can file your documents in person, electronically, or by post. You must file your documents to the correct court.
You can also contact the Ministry of Justice on 0800 268 787.
How to file and serve documents - justice.govt.nz
What happens next
After the Court processes your application, it will arrange for documents to be served on (given to) us or the other person. If served on the other person, we will also be given a copy. If served on the other person, we will also be given a copy. The other person has 21 days to file a notice of defence.
The Family Court will hear your case then decide to allow or dismiss your appeal. If they allow your appeal, agreeing that our decision was wrong, they will send us an order telling us to make any changes needed from the review.
We cannot make any changes until we get the order from the Court.
If you have any questions about Court procedures, call the Ministry of Justice on 0800COURTS (0800 268 787), or look on their website.
Your responsibilities
If you pay child support, you need to keep paying it until the Court makes its decision (unless the Court makes a suspension order).
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