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Child Support Act 1991

Court maintenance orders made after 1 July 1992

70: Election that Commissioner is not to enforce order

You could also call this:

“Choosing to collect money yourself instead of having the Commissioner do it”

If someone is supposed to receive money because of a court order, they can choose to tell the Commissioner not to enforce that order. This means the Commissioner won’t collect the money for them.

To make this choice, you need to write a notice to the Commissioner. The notice must be on the right form, and you need to confirm that what you’re saying is true. You might also need to include some extra documents with your notice.

If you make this choice, the rules in this part of the law won’t apply to any money that’s supposed to be paid after you make your choice. Instead, if you want to get the money, you’ll have to enforce the order yourself, like any other court decision.

Once you make this choice, you can’t change your mind later. It’s a final decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM254328.

Topics:
Family and relationships > Children and parenting
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69: Duty to make assessment, or

"Commissioner must calculate yearly child support and maintenance payments ordered by court"

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71: Period for which money payable under this Act, or

"How long you need to pay child support for"

Part 4 Court maintenance orders made after 1 July 1992

70Election that Commissioner is not to enforce order

  1. The person to whom any money is payable in accordance with any order to which this Part applies may, by written notice given to the Commissioner, elect that the order be one to which this Part does not apply.

  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. If any such election is made,—

        2. nothing in this Part or any other provision of this Act shall apply to any money that becomes payable in accordance with the order after the date of the election; and
          1. any money payable in accordance with the order after the date of the election may, without prejudice to any mode of recovery, be enforceable in the same manner as a judgment given by the District Court in civil proceedings.

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