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Child Support Act 1991

Voluntary agreements - Variation of voluntary agreements

63: Voluntary agreement may be varied

You could also call this:

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

You can change a voluntary agreement that the Commissioner has accepted. However, for the change to be valid under this Act, you need to apply to the Commissioner to accept the change.

To apply for a change, you need to use the right form. Both the person who will pay money and the person who will receive money must sign this form. You also need to verify the information on the form as required. If the form asks for any extra documents, you must include these too. Any extra documents also need to be verified as the form requires.

The same rules that apply when you first make a voluntary agreement (sections 56 to 61 of this Act) also apply when you want to change an agreement. These rules will be adjusted as needed for a change application.

Remember, if you don’t follow these steps, any changes you make to your voluntary agreement won’t count for this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM254309.

Topics:
Family and relationships > Children and parenting
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62: When payments under voluntary agreement cease to be payable, or

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

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64: Election to terminate liability under voluntary agreement, or

"How you can stop a voluntary child support agreement"

Part 3 Voluntary agreements
Variation of voluntary agreements

63Voluntary agreement may be varied

  1. If a voluntary agreement that has been accepted by the Commissioner is varied by the parties, the variation shall have no effect for any purpose of this Act unless an application is made to the Commissioner for acceptance of the variation.

  2. The application must be—

  3. made to the Commissioner in the appropriate approved form; and
    1. signed by both the person by whom any money is to be paid under the agreement and the person to whom that money is to be so paid; and
      1. verified as required in the form of application; and
        1. accompanied by such documents (if any) as are required by the form of application to accompany the application.

          1. A document that accompanies the application must also be verified as required by the form of application.

          2. The provisions of sections 56 to 61 shall apply, with the necessary modifications, to an application for acceptance of a variation as if it were an application for acceptance of a voluntary agreement.

          Compare
          • Child Support (Assessment) Act 1989 s 97 (Aust)