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Child Support Act 1991

Jurisdiction of courts in relation to child support and domestic maintenance - Suspension orders

117: Suspension orders

You could also call this:

"Asking the court to change child support payments during a case"

When someone takes legal action in the Family Court or makes an objection under Part 6 of the law, they can ask the court to change how much child support they have to pay while the case is being decided.

If the court thinks it's a good idea, they can make an order to stop or change how much someone has to pay. They will think about what's best for everyone involved before making this decision.

The court can change or cancel this order if they need to.

When the court makes this order, they will say how long it lasts and what rules come with it. If they don't say how long it lasts, it will stay in place until the court makes a final decision on the case.

Sometimes, the court can make this order without telling the other person or the Commissioner if waiting would cause problems for the person asking for it.

A Family Court Judge or a Family Court Associate with the same powers as a judge can make these decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM255382.

Topics:
Family and relationships > Children and parenting
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"Urgent child support payments are no longer available"

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"Court's powers to make decisions about child support payments"

Part 7Jurisdiction of courts in relation to child support and domestic maintenance
Suspension orders

117Suspension orders

  1. Where a proceeding has been instituted in the Family Court or an objection has been made under Part 6, a party to the proceeding may apply to the court for an order under this section.

  2. If the court considers that it is desirable to do so taking into account the interests of the persons who may be affected by the outcome of the proceeding, the court may make such order suspending or altering the liability of any person to make payments under this Act as the court considers appropriate pending the hearing and final determination of the proceeding.

  3. The court may, by order, vary or revoke an order made under subsection (2).

  4. An order under subsection (2)—

  5. is subject to such terms and conditions as are specified in the order; and
    1. operates for such period as is specified in the order or, if no period is specified, until the decision of the court determining the proceeding becomes final.

      1. An application under this section may be made and dealt with ex parte if the court is satisfied that the delay that would result if service on the payee or on the Commissioner were required would cause hardship to the party instituting the proceeding.

      2. The jurisdiction of the Family Court under this section may be exercised by—

      3. a Family Court Judge; or
        1. a Family Court Associate having the same powers as a Family Court Judge.

          Compare
          • Child Support (Assessment) Act 1989 s 140 (Aust)
          Notes
          • Section 117(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 117(6): inserted, on , by section 42 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).