You can apply for a departure order if either:
- you applied for a child support review and you disagree with our decision
- we refused to make a decision on a review you were involved in because your situation was too complex.
You can apply any time after we make or refuse to make a review decision.
If you disagree with our decision on a review someone else applied for, you need to file an appeal instead.
Appeal our review decision in the Family Court – respondent
Applying to the Family Court - overview
Before you start
We recommend you get legal advice before filing an appeal. 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 apply to the Family Court yourself, by following these steps.
Check you meet the requirements
You need to be applying for the Family Court to reconsider the same grounds (reasons) as your original review.
If you’re a paying (liable) parent, you cannot apply to pay less than the minimum weekly child support.
Download the right forms
Download your forms from the Ministry of Justice website. You’ll need:
- the Family Court G1 form
- an Application for departure from formula assessment in special circumstances (section 104) – CS13
- General affidavit
- Information sheet G7 (this must be on yellow paper if printed).
Follow their instructions on how to fill out the forms. Please note, we cannot help you with this.
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. You should include a copy of the review decision or letter saying it is too complex.
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) the respondent. 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 whether to make a change from the formula assessment.
They will decide if:
- at least 1 reason/ground exists to change the formula
- changing the formula would be appropriate
- changing the formula would be fair for the child, you and the other parent.
If the Court decides to make a departure order, they will send us a copy of the order telling us what to change. 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.
What did you like about this page?
Please tell us how we could improve this page?
Thanks for sharing your opinion! Your feedback has been received.
Sorry there was an issue submitting your feedback, please try again later.