Child Support Act 1991

Voluntary agreements - Termination of liability to make payments under voluntary agreements

62: When payments under voluntary agreement cease to be payable

You could also call this:

"When you can stop paying child support or maintenance you agreed to pay"

When you agree to pay child support or domestic maintenance voluntarily, there are rules about when you can stop making these payments. Here's what you need to know:

For child support agreements:

You can stop paying when the agreement ends, or when you would normally stop being responsible for child support under the law. You also stop paying if the agreement no longer meets the rules set by the government, or if someone chooses to end the agreement by giving notice.

For domestic maintenance agreements:

You can stop paying when the agreement ends, or if you or the other person involved moves out of New Zealand or stops being a New Zealand citizen. The payments also stop if someone chooses to end the agreement by giving notice, or if either person dies.

Remember, even if you stop making payments under these rules, you might still have to keep your promise based on the agreement you signed.

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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=DLM254306.

Topics:

Family and relationships > Children and parenting

61: Duty to make assessment, or

"Commissioner calculates how much child support or domestic maintenance you need to pay each year"

63: Voluntary agreement may be varied, or

"You can change a child support agreement, but you need to follow certain steps"

Part 3Voluntary agreements
Termination of liability to make payments under voluntary agreements

62When payments under voluntary agreement cease to be payable

A party to a voluntary agreement that has been accepted by the Commissioner under this Act shall cease to be liable under this Act to make payments under the agreement from whichever is the earliest of the following days:
in relation to an agreement for the payment of child support in respect of a qualifying child to a carer of the child,—
1. the day that the agreement expires:
2. the day before the day on which the liable parent would cease to be liable to pay child support in respect of that child under section 25:
3. the day before the day on which the agreement ceases to qualify for acceptance by the Commissioner in terms of section 48:
4. the day before the day on which a notice of election under section 64 takes effect:
in relation to an agreement for the payment of domestic maintenance—
1. the day that the agreement expires:
2. the day before either party to the agreement becomes a person who is neither a New Zealand citizen nor a person who is ordinarily resident in New Zealand:
3. the day before the day on which a notice of election under section 64 takes effect:
4. the day before the day either party dies.

Nothing in this section affects the contractual liability of any party to a voluntary agreement.

Notes

Section 62(1)(a): amended, on 1 April 2015, by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
Section 62(1)(b): amended, on 26 April 2005, by section 3 of the Child Support Amendment Act 2005 (2005 No 6).