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Child Support Act 1991

Exemptions - Exemption for victims of sex offences

89Y: Application for exemption on grounds relating to sex offence

You could also call this:

“Asking to not pay child support if you're a victim of a sex crime”

You can ask to not pay child support for a child if you are a victim of a sex offence. You can do this by writing to the Commissioner. You can apply if:

Someone has been found guilty of a sex offence, or Someone has been proven to have done a sex offence in the Youth Court, or You believe someone has done a sex offence

You need to be the victim of that sex offence. You also need to think that the child was created because of that sex offence.

You can apply even if you don’t know the name of the person who did the sex offence.

In this law, a sex offence means something bad that’s listed in sections 127 to 144C of the Crimes Act 1961. A victim is the person who had the bad thing done to them.

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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=DLM255100.

Topics:
Family and relationships > Children and parenting Crime and justice > Criminal law Crime and justice > Victim support
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"Keeping legal stuff private: You need permission to talk about some court cases"

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89Z: Grant of exemption to victim of sex offence, or

"Victims of sex offences can ask not to pay child support for children born from those offences"

Part 5A Exemptions
Exemption for victims of sex offences

89YApplication for exemption on grounds relating to sex offence

  1. A liable parent may, by notice in writing to the Commissioner, apply for an exemption from the payment of child support in relation to a particular child if—

  2. any of the following apply:
    1. another person has been convicted of a sex offence:
      1. another person has been proved before the Youth Court to have committed a sex offence:
        1. the liable parent believes that another person has committed a sex offence; and
        2. the liable parent is the victim of that sex offence; and
          1. the liable parent believes that the child was conceived as a result of that sex offence.

            1. A liable parent may apply under subsection (1)(a)(iii) even if the liable parent is unable to name the other person referred to in that subparagraph.

            2. For the purposes of this subpart,—

              sex offence means an offence under sections 127 to 144C of the Crimes Act 1961

                victim means, in relation to a sex offence, the person against whom the offence is committed by another person.

                Notes
                • Section 89Y: inserted, on , by section 17(1) of the Child Support Amendment Act 2006 (2006 No 42).
                • Section 89Y(1)(a): replaced, on , by section 108(1) of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 (2019 No 33).
                • Section 89Y(1A): inserted, on , by section 108(2) of the Taxation (Annual Rates for 2019–20, GST Offshore Supplier Registration, and Remedial Matters) Act 2019 (2019 No 33).