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Child Support Act 1991

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

135F: Discretionary relief if debt waived or uplifted

You could also call this:

“Commissioner can remove penalties if child support debt is forgiven or taken back”

The Commissioner can give you relief from penalties if you owe child support. This can happen in two situations:

  1. If the person who was supposed to receive the child support (the payee) has said they don’t want the money anymore. They can do this by waiving their right to the payment.

  2. If the payee has taken back the debt that led to the penalty.

In both cases, the Commissioner needs to think it’s fair and reasonable to give you relief.

The Commissioner will give relief in the way described in section 135A of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM256047.

Topics:
Family and relationships > Children and parenting
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135E: Discretionary relief if error made by Department, or

"You might get help with a penalty if the Child Support Department made a mistake"

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135FA: Discretionary relief from incremental penalties unpaid before agreement entered into on or after 1 April 2016, or

"Removing penalties for unpaid child support before agreements made after April 2016"

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

135FDiscretionary relief if debt waived or uplifted

  1. The Commissioner may grant relief to a liable person in the manner prescribed by section 135A if the Commissioner is satisfied that—

  2. the payee has—
    1. waived under section 179A the right to the payment to which the penalty relates; or
      1. uplifted under section 180 the debt to which the penalty relates; and
      2. it would be fair and reasonable to grant relief.

        Notes
        • Section 135F: inserted, on , by section 32(1) of the Child Support Amendment Act 2006 (2006 No 42).
        • Section 135F heading: amended, on , by section 27(1) of the Child Support Amendment Act 2013 (2013 No 12).
        • Section 135F(a): replaced, on , by section 27(2) of the Child Support Amendment Act 2013 (2013 No 12).