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Child Support Act 1991

Collection of financial support - Discretionary relief in respect of penalties and pre-2021 penalties

135A: Application of sections 135AB to 135G

You could also call this:

“Rules about penalties for late child support payments”

Sections 135AB to 135G talk about penalties and pre-2021 penalties that you might have to pay if you owe child support money. These rules apply to you if you’re someone who has to pay child support.

The Commissioner, who is in charge of child support, can help you by giving you relief from these penalties. They can do this in two ways:

  1. They can cancel all or some of the penalty you owe.

  2. If you’ve already paid some or all of the penalty, they can give you back some or all of the money you paid. They might also cancel any part of the penalty you haven’t paid yet.

The Commissioner can give you this help for any of the reasons mentioned in Sections 135AB to 135G.

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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=DLM256036.

Topics:
Family and relationships > Children and parenting
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135AA: Non-compliance without reasonable cause with previous payment agreements, or

"You might not get a new payment plan if you didn't follow old ones without a good reason"

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135AB: Discretionary relief for pre-2021 penalties, or

"The government can forgive some old penalties for late child support payments"

Part 8 Collection of financial support
Discretionary relief in respect of penalties and pre-2021 penalties

135AApplication of sections 135AB to 135G

  1. Sections 135AB to 135G apply in relation to a penalty or pre-2021 penalty that is payable by a liable person in relation to a financial support debt.

  2. The Commissioner may grant relief to a liable person on any of the grounds specified in sections 135AB to 135G by—

  3. writing off the whole or part of a penalty or pre-2021 penalty; or
    1. if a penalty or pre-2021 penalty has been paid, in whole or in part, refunding to the liable person the whole or any part of that penalty or pre-2021 penalty that has been paid, with or without the writing off of any part of that penalty or pre-2021 penalty that has not been paid.

      Notes
      • Section 135A: replaced, on , by section 46 of the Child Support Amendment Act 2021 (2021 No 6).