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Child Support Act 1991

Payment of financial support - Payments by Commissioner

149: Unexplained remittances

You could also call this:

“What happens when child support payments are sent without enough information”

If someone sends money to the Commissioner for child support payments they’ve taken from other people, but they haven’t given enough information about who the money is for, this is what happens:

The Commissioner can keep the money until they figure out who it’s for. This happens when:

  1. The Commissioner gets the money by the 20th of a month.
  2. The person who sent the money didn’t give the right information about it.
  3. The Commissioner can’t work out quickly enough how much of the money is for each person it was taken from.

The Commissioner needs to know these details before they can make payments by the 7th of the next month. If they can’t figure it out in time, they’ll hold onto the money until they know exactly how much belongs to each person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM256540.

Topics:
Family and relationships > Children and parenting
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148: Method by which payments to be made, or

"How the government pays you child support money"

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150: Time at which unexplained remittances deemed to be received, or

"When money is received but it's unclear who it's for"

Part 9 Payment of financial support
Payments by Commissioner

149Unexplained remittances

  1. This section applies where—

  2. on or before the 20th day of any month, the Commissioner receives an amount (referred to in this section as the received amount) from a person in relation to the amounts deducted by the person under Part 10; and
    1. the person has contravened section 163(1)(b) in relation to those amounts deducted; and
      1. the Commissioner is unable to ascertain to the Commissioner's satisfaction, in sufficient time prior to the cut-off day for the making of payments on or before the seventh day of the following month, the portion of the received amount attributable to each of the liable persons from whom an amount was deducted by the person.

        1. The Commissioner may, for the purposes of this Part, hold the received amount until the amount attributable to each of the liable persons from whom an amount has been deducted by the person has been established to the satisfaction of the Commissioner.

        Notes
        • Section 149(2): amended, on , by section 11 of the Child Support Amendment Act 1994 (1994 No 74).