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Child Support Act 1991

Jurisdiction of courts in relation to child support and domestic maintenance - Provisions relating to court orders

119: Cessation of orders under Act

You could also call this:

“When child support orders stop working”

When an order is made under this Act about child support, it can end in different ways. If the order is made under section 103D, it ends when the time given in that section runs out. If it’s made under section 106, it ends when the time in that section runs out. For other orders about how much a parent must pay for child support, it ends when the parent no longer has to pay child support for the child under section 25. In other cases, the order ends if the person who asked for the order dies or is no longer taking care of the child, or if the person who has to follow the order dies.

For orders about domestic maintenance, they end if the person receiving the money or the person paying the money dies.

Even if an order ends, 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=DLM255385.

Topics:
Family and relationships > Children and parenting
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Part 7 Jurisdiction of courts in relation to child support and domestic maintenance
Provisions relating to court orders

119Cessation of orders under Act

  1. An order made under this Act in relation to a qualifying child shall cease to be in force,—

  2. in the case of an order made under section 103D, on the expiry of the order in accordance with section 103D(5):
    1. in the case of an order made under section 106, on the expiry of the order in accordance with subsection (4) of that section:
      1. in the case of any other order relating to a liable parent's liability to pay child support under a formula assessment, on the date on which the parent ceases to be liable to pay child support in respect of the child under section 25:
        1. in any other case, if—
          1. the person on whose application the order was made—
            1. dies; or
              1. ceases to be a receiving carer of the child; or
              2. the person against whom the order was made dies.

              3. An order made under this Act in relation to domestic maintenance shall cease to be in force if—

              4. the person who is the payee dies; or
                1. the person who is the liable person dies.

                  1. Nothing in this section affects the recovery of arrears due under an order which ceases to be in force.

                  Compare
                  • Child Support (Assessment) Act 1989 s 142 (Aust)
                  Notes
                  • Section 119(1)(aa): inserted, on , by section 31 of the Child Support Amendment Act 2006 (2006 No 42).
                  • Section 119(1)(c)(i)(B): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                  • Section 119(2): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                  • Section 119(2): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
                  • Section 119(2)(a): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
                  • Section 119(2)(b): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).