Plain language law

New Zealand law explained for everyone

Child Support Act 1991

Collection of financial support - Application of payments collected

138: Apportionment of payment between payees

You could also call this:

“Splitting child support payments when you owe money to more than one person”

When you owe money for child support to more than one person, and you make a payment that doesn’t cover everything you owe, here’s what happens:

The person who collects the money (called the Commissioner) will split your payment fairly between the people you owe. They will do this even if you ask them to pay it to someone specific.

The Commissioner will divide your payment based on how much you owe each person. For example, if you owe more to one person than another, that person will get a bigger share of your payment.

If you owe money that’s meant to be shared between two or more people, it’s treated as if you owe separate amounts to each person.

This way of splitting the payment helps make sure everyone gets a fair share of what you’ve paid, based on what you owe them.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM256500.

Topics:
Family and relationships > Children and parenting
Previous

137: Order in which payments to be applied by Commissioner, or

"How the Commissioner uses your child support payments"

Next

139: Establishment of Child Support Trust Bank Account, or

"Setting up a special bank account for child support money"

Part 8 Collection of financial support
Application of payments collected

138Apportionment of payment between payees

  1. Subject to section 137, where at any time—

  2. 2 or more financial support debts are owing by a person; and
    1. the debts relate to liabilities to pay financial support in relation to 2 or more payees; and
      1. an amount is paid to, or is to be credited by, the Commissioner, or an amount is paid to and an amount is to be credited by the Commissioner, in relation to all or any of the debts; and
        1. the total amount of the debts exceeds the amount paid or to be credited or the sum of the amounts paid and to be credited, as the case may be,—
            1. the Commissioner shall, despite any direction given by or on behalf of the person, apportion the amount of the payment or credit, or the sum of the amounts of the payment and credit, between the liabilities in relation to each of the payees in proportion to the entitlements of each, and apply the amounts so apportioned in partial discharge of each of those debts.

          1. For the purposes of this section, a debt that is owing in relation to 2 or more payees is regarded as 2 or more separate debts.