Child Support Act 1991
142
Commenced: 18 Dec 1991; 1 Jul 1992, Part XI, Part XV
ANALYSIS
Analysis
Title
1 Short Title and commencement
2 Interpretation
3 Act to bind the Crown
4 Objects
I: Liability To Pay Child Support Under Formula Assessment
General Principles Concerning Liability to Pay Child Support
5 Children who qualify for child support
6 Parents by whom child support payable
7 Meaning of ``parent''
Persons Who May Apply for Formula Assessment of Child Support
8 Custodian may apply for formula assessment
9 Custodian in receipt of social security benefit must apply for formula assessment
10 Non-custodial parent of child may apply for formula assessment
Persons Who Are Principal Providers of Care or Who Share Care Substantially Equally
11 Person who is principal provider of care for child
12 Position where no agreement as to who is principal provider of care
13 Substantially equal sharing of care of child
Procedure on Application for Formula Assessment
14 Application requirements
15 Dual applications
16 Deemed application by beneficiary where child support ceases to be payable under voluntary agreement
17 Decision on application
Commencement of Liability to Pay Child Support
18 Liability arises on acceptance of application
19 Commencement of liability of person declared to be parent after application made
20 Suspension of voluntary agreements
Procedure After Acceptance or Refusal of Application for Formula Assessment
21 Duty to give notice of decision to unsuccessful applicant
22 Duty to give notice of decision to custodian
23 Duty to give notice to person from whom child support sought
24 Duty to make assessment
Termination of Liability to Pay Child Support Under Formula Assessment
25 When child support ceases to be payable
26 Miscellaneous provisions relating to death of custodian
Election to End Formula Assessment
27 Election by eligible custodian to end formula assessment
II: Amount of Child Support Payable Under Formula Assessment Made by Commissioner
28 This Part sets out rates of child support
29 Basic amount of child support payable
30 Meaning of term ``living allowance''
31 Changes of circumstances that determine amount of living allowance
Modifications to Basic Formula in Certain Circumstances
32 Position where parent liable to 2 custodians in respect of one child
33 Position where parent liable to 2 or more custodians in respect of 2 or more children
34 Position where custody of 2 or more children is split between 2 liable parents
35 Position where liable parent shares custody of child
36 Position where parent is liable under both formula assessment and voluntary agreement in respect of different children
Provisions Relating to Taxable Income
37 Nil assessment of taxable income
38 Application of assessments under Income Tax Act 1976
39 Position where taxable income not readily ascertainable
Election That Child Support Income Be Based on Estimated Taxable Income for Current Year
40 Election where taxable income for child support purposes is estimated to have fallen at least 15 percent
41 Effect of election
42 Revocation of election
43 Effect of revocation
44 Reconciliation of estimated and actual taxable income after end of child support year
Penalties for Underestimation
45 Penalty where income underestimated
46 Interest to be charged on underestimations
III: Voluntary Agreements
47 Application of this Part
Qualifying Voluntary Agreements
48 Voluntary agreements that qualify for acceptance
49 Minimum instalment required before agreement can be accepted
50 Exception where payee is social security beneficiary
51 Exception in respect of child support voluntary agreement where formula assessment in force
52 Exception in respect of spousal voluntary agreement where Court order in force
53 Dual-purpose voluntary agreements
54 Act not to affect other provisions of agreement
Procedure on Application for Acceptance of Voluntary Agreements
55 Application requirements
56 Dual applications
57 Decision on application
58 Consequences of Commissioner accepting voluntary agreement
59 Commencement of liability under voluntary agreement
Procedure After Acceptance or Refusal of Voluntary Agreements
60 Duty to give notice of decision
61 Duty to make assessment
Termination of Liability to Make Payments under Voluntary Agreements
62 When payments under voluntary agreement cease to be payable
Variation of Voluntary Agreements
63 Voluntary agreement may be varied
Miscellaneous Provisions
64 Election to terminate liability under voluntary agreement
65 Child support voluntary agreement no bar to application for formula assessment
66 Spousal voluntary agreement no bar to application for maintenance order under Family Proceedings Act 1980
IV: Court Maintenance Orders Made After 1 July 1992
67 Application of this Part
68 Effect of certain Court orders
69 Duty to make assessment
70 Election that Commissioner is not to enforce order
71 Period for which money payable under this Act
V: Assessment of Child Support and Spousal Maintenance
Minimum Rate of Child Support or Spousal Maintenance
72 Minimum rate of child support or spousal maintenance
Exemption in Certain Circumstances for Prisoners and Hospital Patients
73 Application for exemption by prisoner or hospital patient
74 Effect of election
75 End of exemption
76 Prison inmate or hospital patient to advise Commissioner if exemption ends
Provisions Relating to Making of Assessments
77 Assessment on basis of information supplied to Commissioner
78 Assessment to relate to all children for whom child support payable
79 Assessment to relate to whole or part of single child support year
80 Assessments for part of child support year
81 Notification requirements of liable parent
82 Liable parent to advise Commissioner of certain changes in living circumstances
83 Evidence relating to assessments
84 Validity of assessments
85 Assumptions as to future events
86 Commissioner to give effect to changed circumstances
87 Amendment of assessments
88 Notice of assessment to be given to liable person
89 Notice to be given to payee
VI: Objections
90 Objections to appealable decisions
91 Objections to assessments
92 Requirements in relation to objections
93 Notice of result of objection
94 Determination of objection not to affect other assessments or decisions
95 Obligation to pay child support where objection made
96 Objections to which this Part does not apply
VII: Jurisdiction of Courts in Relation to Child Support and Spousal Maintenance
General Provisions Relating to Jurisdiction
97 Jurisdiction of Courts
98 Minimum liability in respect of child support
99 Declarations in respect of step-parents
Appeals From Decisions of Commissioner in Respect of Objections Under Part VI
100 Appeal by person from whom formula assessment of child support sought
101 Appeal by unsuccessful applicant for formula assessment
102 Appeals against other administrative decisions of Commissioner
103 Appeals against assessments
Orders for Departure from Formula Assessment in Special Circumstances
104 Application for departure from formula assessment in special circumstances
105 Matters as to which Court must be satisfied before making order
106 Orders that may be made
107 Implementation of orders
Orders for Provision of Child Support in Form of Lump Sum
108 Application for order for provision of child support in form of lump sum
109 Orders for provision of child support in form of lump sum
110 Relationship between lump sum orders and assessed child support
111 Effect of lump sum orders on formula assessment of child support
Discharge, Suspension, Revival, and Variation of Orders
112 Discharge, suspension, revival, and variation of orders
Orders to Set Aside Voluntary Agreements
113 Power to set aside agreements
114 Implementation of decision
Effect of Pending Appeals
115 Pending appeal or application not to affect assessment
Urgent Maintenance Orders and Suspension Orders
116 Urgent maintenance orders
117 Suspension orders
Provisions Relating to Court Orders
118 General powers of Court
119 Cessation of orders under Act
Miscellaneous Provisions
120 Appeal from decisions of Courts
121 Evidence on hearing of appeal against disallowance
122 Social security beneficiary to be compellable witness against liable parent
123 Conduct of proceedings
124 Restriction of publication of reports
125 Intervention in proceedings
126 Copies of orders to be forwarded to Commissioner
127 Orders by consent
VIII: Collection of Financial Support
Financial Support is Debt Due to the Crown
128 Debt due to the Crown
Method in Which Financial Support to be Collected
129 Right to choose payment method
130 Defaulters to pay child support by automatic deduction
131 Social security beneficiaries to pay financial support by automatic deduction
Due Dates for Payment of Financial Support
132 Due date for payment of financial support
133 Alteration to first due date where notice of assessment issued
134 Penalty for late payment of financial support debts
135 Write-off of late payment penalty
136 Amount payable per day
Application of Payments Collected
137 Order in which payments to be applied by Commissioner
138 Apportionment of payment between payees
IX: Payment of Financial Support
Establishment and Operation of Child Support Trust Bank Account
139 Establishment of Child Support Trust Bank Account
140 Payments into, and out of, Child Support Trust Bank Account
Payments by Commissioner
141 Payment to custodians who are not social welfare beneficiaries
142 Payment of formula assessment child support to custodians who are social security beneficiaries
143 untitled record
144 Payment of lump sum and other child support
145 Payment to spouses
146 Time at which payments are to be made
147 Unremitted deductions made by employers
148 Method in which payments to be made
149 Unexplained remittances
150 Time at which unexplained remittances deemed to be received
151 Overpayments to payees
152 Relief in cases of serious hardship
X: Automatic Deductions
153 Interpretation
Automatic Deductions
154 Deduction notice
155 Money from which deductions to be made
156 Copy of deduction notice to be given to liable parent
157 Priority of deductions under this Act
158 Life of deduction notices
159 Duty of payer to make deductions from money payable
160 Periodic deductions from money other than source deduction payments
161 No opting out
162 Authority to make deductions
163 Payment of deductions to Commissioner
164 Discharge of liable person's liability to Commissioner and payer's liability to liable person
165 Protected net earnings rate
166 Position where liable person has 2 or more employers
167 Deductions to be held on trust
168 Payer failing to make financial support deductions
169 Unpaid financial support to constitute charge on payer's property
170 Payers not to disclose information
Offences and Penalties
171 Offence to prejudice employees because of financial support liability
172 Other offences in relation to this Part
173 Penalty for late deductions
174 Write-off of late deduction penalty
Miscellaneous Provisions
175 Application of other provisions to amounts payable under this Part
176 Application of amounts paid or credited where 2 or more debts due
177 Records to be kept by payer
XI: Enforcement Provisions
178 Mode of recovery of unpaid financial support
179 Payee has no right to take action to recover financial support payments
180 Payee may uplift financial support debt
181 Application of tax overpayments
182 Bankruptcy
183 Warrant of distress
Charging Orders
184 Charging orders
185 Charging orders on life insurance policies
186 Extent to which charging orders bind the Crown
Receiving Orders
187 Receiving orders
188 Powers and duties of receiver
Provisions as to Enforcement of Financial Support Liability
189 Order for enforcement of arrears
190 Power to issue summons to appear in Court
191 Evidence of default
192 Power to summons witnesses
193 Execution of warrants
194 Conduct of examination
195 Orders by Court
196 Contempt procedures
197 Application of Legal Services Act 1991
198 Liable person undergoing periodic detention to be discharged on payment
199 Arrest of liable person
Miscellaneous Provisions
200 Dispositions may be restrained
201 Dispositions may be set aside
202 Procedure in High Court where defendant absent from New Zealand
203 No limitation of action to recover financial support
204 Crown Proceedings Act 1950 not affected
205 Recovery of financial support paid by one person on behalf of another
206 Direct payment to payee
207 Amounts paid where no liability to pay exists, etc.
XII: Offences and Penalties
208 Offences
209 Officers and employees of corporate bodies
210 Penalties for offences
211 Proceedings to be taken summarily
212 Information may charge several offences
213 Information may be laid within 10 years
XIII: Reciprocal Agreements
214 Interpretation
215 Adoption of reciprocal agreement with other countries
XIV: General Provisions
Refunds of Financial Support
216 Refund of excess financial support
217 Appropriation of refunds
Miscellaneous Provisions
218 Meaning of ``ordinarily resident'' in New Zealand
219 Power of Commissioner in respect of small amounts
220 Evidentiary certificates by Commissioner
221 Commissioner may appear in legal proceedings by employee of the Crown
222 Proceedings not affected by vacancy or change in office of Commissioner
223 Service on protected person
224 Proceedings where respondent is absent from New Zealand or cannot be found
225 Proceedings by or against minors
226 Appointment of barrister or solicitor to assist Court or represent children
227 Vexatious proceedings
228 Evidence
229 Power of Family Court or District Court to call witnesses
230 Proof of certain matters
231 Standard of proof
232 Costs
233 Court fees
234 Rules of procedure
235 Regulations
236 Changes in published statistics to be disregarded
237 Rounding of amounts
238 Applications by agents
239 Notification requirements
240 Secrecy
XV: Amendments to Other Acts
Amendment to Accident Compensation Act 1982
241 Compensation not assignable
Amendment to Administration Act 1969
242 Protection of administrator against certain claims
Amendment to Adoption Act 1955
243 Effect of adoption order
Amendment to Children, Young Persons, and Their Families Act 1989
244 Recovery of cost of maintenance of children and young persons in care
Amendment to Companies Act 1955
245 Preferential payments
Amendment to District Courts Act 1947
246 Effect of attachment orders
Amendment to Family Courts Act 1980
247 Jurisdiction of Family Courts
Amendments to Income Tax Act 1976
248 Incomes wholly exempt from tax
249 Interpretation of term ``pay-period taxpayer''
Amendment to Inland Revenue Department Act 1974
250 Interpretation
Amendments to Insolvency Act 1967
251 Priorities
252 Debts from which discharge releases bankrupt
XVI: Transitional and Savings Provisions
253 No liability to pay financial support under this Act until 1 July 1992
Enforcement of Maintenance Liabilities After Royal Assent
254 Changes to ways in which maintenance liabilities may be enforced
255 Evidence of default
Enforcement of Liable Parent Contributions Payable Before 1 July 1992
256 Savings in respect of outstanding liable parent contributions
257 Saving in respect of assignment of accident compensation
258 Saving in respect of jurisdiction of Family Courts
Enforcement of Maintenance Liabilities Payable Before 1 July 1992
259 Savings in respect of outstanding maintenance liabilities
260 Savings in respect of assignment of accident compensation
Conversion of Liable Parent Contributions
261 Automatic applications for formula assessment in respect of existing liable parent contributors
Child Maintenance Liabilities After 1 July 1992 Under Existing Court Orders and Registered Agreements
262 Expiry of certain suspended child maintenance orders and agreements
263 Continuation of certain other child maintenance orders and agreements
264 Enforcement of Department of Social Welfare administered child maintenance orders and agreements
265 Enforcement of other child maintenance orders and agreements
266 Deferral of commencement of formula assessment in certain cases
Continuation of Existing Spousal Maintenance OrdersAfter 1 July 1992
267 Enforcement of Department of Social Welfare administered spousal maintenance orders and agreements
268 Enforcement of other spousal maintenance orders and agreements
Miscellaneous Provisions
269 Transfer of information during transitional period
270 Beneficiaries to apply for child support from 16 March 1992
271 Assessment activity under Social Security Act 1964 to cease from 16 March 1992
272 Transitional date for calculating living allowance
273 Transitional date for departure order and lump sum order applications