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Child Support Act 1991

Jurisdiction of courts in relation to child support and domestic maintenance - Discharge, suspension, revival, and variation of orders

112: Discharge, suspension, revival, and variation of orders

You could also call this:

“Changing or stopping a child support order: How the court can help”

You can ask the Family Court to change or stop an order about child support. This applies to orders made under sections 103D, 106, or 109. You, the person caring for the child, or the person who has to pay can make this request.

The court can do different things with the order. They can end it, pause it, start it again, or change it. But they can’t change it in a way that doesn’t follow the rules or make someone pay less than the minimum amount.

Before making changes, the court needs to make sure it’s fair for everyone involved, especially the child. They also need to check if there’s a good reason for the change, like if someone’s situation has changed or if important information was missing before.

The court will think about things like how the change might affect the child and the people involved. They can also look at other factors they think are important.

If the court wants to change the order, they need to think about whether they should also change any statements in the order that explain the reasons for it.

The court can’t change an order just because prices have gone up, unless it’s been at least a year since the last change for that reason.

If an order is ended, you still have to pay any money you owed before it ended.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255369.

Topics:
Family and relationships > Children and parenting
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Part 7 Jurisdiction of courts in relation to child support and domestic maintenance
Discharge, suspension, revival, and variation of orders

112Discharge, suspension, revival, and variation of orders

  1. A receiving carer or a liable parent or the Commissioner may apply to the Family Court for an order to discharge, suspend, revive, or vary any order made by the Family Court under section 103D or section 106 or section 109.

  2. If an order under section 103D or section 106 or section 109 is in force in relation to a child (whether or not all things ordered to be done by the order have been done), the Family Court may, on receipt of an application made under subsection (1) or where it is satisfied that it ought to do so, by order—

  3. discharge the order; or
    1. suspend its operation wholly or in part and either until a further order or until a fixed time or the happening of a future event; or
      1. if the operation of the order has been suspended under paragraph (b), revive its operation wholly or in part; or
        1. subject to subsection (3), vary the order (including any statement included in the order under section 110) in any way, but not—
          1. in a way that is inconsistent with the provisions of the section under which the order was made; or
            1. so as to reduce the liability of any person to pay child support in a child support year below the equivalent of an annual rate that is equal to the minimum annual rate for that year under section 72(1)(a).

            2. The court shall not discharge, suspend, revive, or vary an order under subsection (1) unless the court is satisfied, having regard in particular to any statement included in the order under section 110, that it would be—

            3. just and equitable as regards the child, the receiving carer, and the liable parent concerned; and
              1. otherwise proper,—
                  1. to make the order.

                1. The court shall not, by any order under this section, vary an order unless it is also satisfied—

                2. that making the variation is justified because of a change in the circumstances of the child, the receiving carer, or a liable parent concerned since the order was made or last varied; or
                  1. that making the variation is justified because of a change in the all groups index number of the Consumers Price Index since the order was made or last varied; or
                    1. in a case where the order was made by consent, that the order is not proper or adequate; or
                      1. that material facts were withheld from the court that made the order or from a court that varied the order, or that material evidence previously given before such a court was false.

                        1. If the court proposes to vary the order otherwise than by varying any statement included in the order under section 110, the court must consider whether, having regard to the proposed variation, it should also order the variation of any such statement.

                        2. In determining whether to make an order under this section, the court must have regard to the matters mentioned in section 105(4) and (5).

                        3. The court may have regard to other matters beyond those specified in subsection (6).

                        4. The court must not, in considering the variation of an order, have regard to a change in the all groups index number of the Consumers Price Index unless at least 12 months have elapsed since the order was made, or was last varied having regard to such a change.

                        5. In satisfying itself for the purposes of subsection (4)(c), the court must have regard to any payments, and any transfer or settlement of property, previously made by the liable parent to the child, to the receiving carer, or to any other person for the benefit of the child.

                        6. The discharge of an order does not affect the recovery of arrears due under the order, or under this Act, when the discharge takes effect.

                        Compare
                        • Child Support (Assessment) Act 1989 s 129 (Aust)
                        Notes
                        • Section 112(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 112(1): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                        • Section 112(1): amended, on , by section 29(1) of the Child Support Amendment Act 2006 (2006 No 42).
                        • Section 112(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                        • Section 112(2): amended, on , by section 29(2) of the Child Support Amendment Act 2006 (2006 No 42).
                        • Section 112(2)(d)(ii): substituted, on , by section 5(2) of the Child Support Amendment Act 2001 (2001 No 90).
                        • Section 112(3)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                        • Section 112(4)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                        • Section 112(4)(b): amended, on , by section 107(1) of the Data and Statistics Act 2022 (2022 No 39).
                        • Section 112(8): amended, on , by section 107(1) of the Data and Statistics Act 2022 (2022 No 39).
                        • Section 112(9): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).