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Child Support Act 1991

Payment of financial support - Payments by Commissioner

152: Relief in cases of serious hardship

You could also call this:

“Help for people who can't afford to pay child support”

If you owe money for child support, including any penalties, and you can’t pay it back in the usual way, you can ask the Commissioner for help. The Commissioner can decide to reduce or cancel the debt if:

You have lost money or are in a situation where paying back the debt would cause you serious problems.

You have died, and paying back the full amount would cause serious problems for your family.

If the Commissioner agrees to help, they can change how much you owe. They might even give you back some money if you’ve already paid too much.

This applies to debts that should be paid back under section 151 or 151AA of the Child Support Act.

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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=DLM256547.

Topics:
Family and relationships > Children and parenting
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151A: Relief where child support overpaid before estimation, or

"Getting money back if you paid too much child support before estimating"

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152A: Relief in case of exemption granted to liable person, or

"What happens when someone doesn't have to pay child support anymore"

Part 9 Payment of financial support
Payments by Commissioner

152Relief in cases of serious hardship

  1. In any case where—

  2. a person is required under section 151 or 151AA to repay any amount of financial support (including any penalty imposed thereon under this Act) to the Commissioner and the amount is unable to be recovered, either in whole or in part, in the manner prescribed in section 151(3) or 151AA(8); and
    1. it is shown to the satisfaction of the Commissioner—the Commissioner may write off the debt, wholly or in part, and may make such alterations in the assessment as are necessary for that purpose; and may, if the amount unable to be recovered in the manner prescribed in section 151(3) or 151AA(8) or any part thereof has been already paid, refund any amount paid in excess of the amount of the assessment as so altered under this section.
      1. that the person has suffered such loss or is in such circumstances that the repayment of the amount or part thereof that is unable to be so recovered has entailed or would entail serious hardship; or
        1. that, owing to the death of the person, the dependents of that person are in such circumstances that the repayment of the full amount has entailed or would entail serious hardship,—

        Compare
        • 1976 No 65 s 414
        Notes
        • Section 152(a): amended, on , by section 55(1)(a) of the Child Support Amendment Act 2013 (2013 No 12).
        • Section 152(a): amended, on , by section 55(1)(b) of the Child Support Amendment Act 2013 (2013 No 12).
        • Section 152(b): amended, on , by section 55(2) of the Child Support Amendment Act 2013 (2013 No 12).