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Child Support Act 1991

Voluntary agreements - Miscellaneous provisions

64: Election to terminate liability under voluntary agreement

You could also call this:

“How you can stop a voluntary child support agreement”

If someone is receiving child support or domestic maintenance through a voluntary agreement that the Commissioner has accepted, they can choose to end it. You can do this by giving the Commissioner a written notice. This notice must say when you want the payments to stop in the future.

The notice needs to be on the right form, and you must confirm that what you’re saying is true. You might also need to include some extra documents with the notice. If you do, you’ll need to confirm these are true too.

Once you choose to end the agreement, the rules in this part of the law won’t apply to any money that’s supposed to be paid after the date you chose. If any money is still owed after that date, the person who was supposed to get the money can try to get it through the District Court.

Remember, once you decide to end the agreement, you can’t change your mind. Your decision is final.

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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=DLM254311.

Topics:
Family and relationships > Children and parenting
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Part 3 Voluntary agreements
Miscellaneous provisions

64Election to terminate liability under voluntary agreement

  1. The person to whom child support or domestic maintenance is payable under a voluntary agreement that has been accepted by the Commissioner may, by written notice given to the Commissioner, elect that the liability of a person to pay child support or domestic maintenance under that agreement is to end from a specified future date.

  2. The notice must be—

  3. in the appropriate approved form; and
    1. verified as required in the form of notice; and
      1. accompanied by such documents (if any) as are required by the form of notice to accompany the notice.

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

        2. If any such election is made,—

        3. nothing in this Part or any other provision of this Act shall apply to any money that becomes payable in accordance with the agreement after the date of the election; and
          1. any money payable in accordance with the agreement after the date of the election may, without prejudice to any mode of recovery, be recovered by any person in the District Court.

            1. An election made under subsection (1) shall be irrevocable.

            Notes
            • Section 64(1): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
            • Section 64(4)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).