Plain language law

New Zealand law explained for everyone

Child Support Act 1991

Voluntary agreements - Procedure on application for acceptance of voluntary agreements

58: Consequences of Commissioner accepting voluntary agreement

You could also call this:

"What happens when the government accepts a family's agreement about child support"

When the Commissioner accepts a voluntary agreement for child support, it becomes part of the Child Support Act. This means that the money agreed to be paid for a child becomes official child support under the law. The amount of child support to be paid each year is what's written in the agreement. The person who gets the payments is officially allowed to receive child support, and the person who makes the payments is officially required to pay child support. The government will collect and pay out the child support money as they do with other child support payments.

If the Commissioner accepts an agreement where one person agrees to support another person (not a child), this becomes domestic maintenance under the law. The amount to be paid each year is what's in the agreement. The person getting the money is officially allowed to receive domestic maintenance, and the person paying is officially required to pay it. The government will handle collecting and paying out this money too, just like they do with child support.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM254094.

Topics:
Family and relationships > Children and parenting
Previous

57: Decision on application, or

"The government decides if your agreement is okay"

Next

59: Commencement of liability under voluntary agreement, or

"When payments start for voluntary child support or domestic maintenance agreements"

Part 3Voluntary agreements
Procedure on application for acceptance of voluntary agreements

58Consequences of Commissioner accepting voluntary agreement

  1. If the Commissioner accepts a voluntary agreement that provides for payments of money by a liable parent towards the support of a qualifying child,—

  2. money payable in accordance with that agreement towards the support of that child is child support payable under this Act in relation to that child; and
    1. the annual rate of child support payable by the liable parent in any child support year shall be the annual rate specified in the agreement in respect of that year; and
      1. a person to whom the payments are to be made under the agreement is a person who is entitled to receive payment of child support in relation to the child in accordance with the agreement; and
        1. a person by whom the payments are to be made under the agreement is a person who is liable to make payments of child support in relation to the child in accordance with the agreement; and
          1. payment of child support is required to be made accordingly; and
            1. the provisions of this Act relating to the collection and payment of financial support by the Commissioner shall apply.

              1. If the Commissioner accepts a voluntary agreement that provides for payments of money by one party to the agreement towards the support of another party to the agreement,—

              2. money payable in accordance with that agreement towards the support of that party is domestic maintenance payable under this Act towards the support of that party; and
                1. the annual rate of domestic maintenance payable shall be the annual rate specified in the agreement in respect of that year; and
                  1. a person to whom the payments are to be made under the agreement is a person who is entitled to receive payment of domestic maintenance in accordance with the agreement; and
                    1. a person by whom the payments are to be made under the agreement is a person who is liable to make payments of domestic maintenance in accordance with the agreement; and
                      1. payment of domestic maintenance is required to be made accordingly; and
                        1. the provisions of this Act relating to the collection and payment by the Commissioner of financial support shall apply.

                          Compare
                          • Child Support (Assessment) Act 1989 s 93 (Aust)
                          Notes
                          • Section 58(2)(a): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
                          • Section 58(2)(b): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
                          • Section 58(2)(c): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
                          • Section 58(2)(d): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
                          • Section 58(2)(e): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).