Child Support Act 1991

Voluntary agreements

47: Application of this Part

You could also call this:

"This part explains how voluntary agreements for child and partner support work"

This part of the law is about voluntary agreements for child support and domestic maintenance. You can ask the Commissioner to manage these agreements under this Act.

For child support agreements, the people involved can be the child's parents, or one or both parents and someone else who looks after the child.

For domestic maintenance agreements, the people involved can be married couples or civil union partners, people who used to be in a marriage, civil union, or de facto relationship, or parents of a child who were never married or in a civil union together.

If someone else is part of the agreement but doesn't fit into these categories, the law ignores them when applying this Act to the agreement.

If the agreement includes a child who doesn't qualify under this Act, that child is also ignored when applying this Act to the agreement.

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This page was last updated on 15 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM254071.

Topics:

Family and relationships > Children and parentingFamily and relationships > Marriage and partnerships

46: Interest to be charged on underestimations, or

"Interest charges for guessing too low don't apply anymore"

48: Voluntary agreements that qualify for acceptance, or

"Rules for making child or partner support agreements that the government will accept"

Part 3Voluntary agreements

47Application of this Part

This Part applies where either—
the parties to a voluntary agreement for child support in respect of a qualifying child; or
the parties to a voluntary agreement for domestic maintenance,—

The parties to a voluntary agreement for child support may be—
the parents of the child; or
a parent, or the parents, of the child and a carer of the child who is not the child's parent.

The parties to a voluntary agreement for domestic maintenance may be—
a married couple or civil union partners; or
the parties to a marriage, civil union or de facto relationship that has ended; or
persons who are the parents of a child but who have never been in a marriage or civil union with each other.

If there is any other party to the agreement in relation to whom subsection (2) or subsection (3) does not apply, that party is to be disregarded for the purposes of the application of this Act to the voluntary agreement.
If the agreement is made in relation to any child other than a qualifying child, the other child is to be disregarded for the purposes of the application of this Act to the voluntary agreement.

Compare

Child Support (Assessment) Act 1989 s 80 (Aust)

Notes

Section 47(1)(b): amended, on 26 April 2005, by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
Section 47(2)(b): amended, on 1 April 2015, by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
Section 47(3): amended, on 26 April 2005, by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
Section 47(3)(a): amended, on 19 August 2013, by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).
Section 47(3)(a): amended, on 26 April 2005, by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
Section 47(3)(b): amended, on 26 April 2005, by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
Section 47(3)(c): amended, on 26 April 2005, by section 3 of the Child Support Amendment Act 2005 (2005 No 6).