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New Zealand law explained for everyone

Child Support Act 1991

Automatic deductions - Automatic deductions

157: Priority of deductions under this Act

You could also call this:

“Child support payments are taken out of pay first before most other deductions”

When someone owes child support, the government can tell the person who pays them (like their employer) to take money out of their pay and send it to the government. This is called a deduction notice. Here’s what you need to know about how this works:

The money taken out for child support is very important. It comes before almost anything else. Even if the person who owes child support has agreed to give their money to someone else or use it to pay for something, the child support money still gets taken out first.

This rule applies even if the person made these agreements before they were told about the child support deduction. The only exception is if they already borrowed money and agreed to pay it back before they knew about the child support.

The child support deduction is also more important than money that might be taken out for other reasons, like other bills or fines.

This rule even applies to sailors, even though they usually have special rules about their pay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM256569.

Topics:
Family and relationships > Children and parenting
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156: Copy of deduction notice to be given to liable person, or

"You get a copy when money is taken from your pay for child support"

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158: Life of deduction notices, or

"How long deduction notices for child support payments last and how to stop them"

Part 10 Automatic deductions
Automatic deductions

157Priority of deductions under this Act

  1. The requirement that the person is to make periodic deductions from any money payable to the liable person by that person in compliance with a deduction notice, and to pay amounts so deducted to the Commissioner in accordance with section 163, shall—

  2. prevail over and have priority to—and that requirement shall have the same effect as if no such assignment or charge had been made or created by the liable person; and
    1. any assignment or charge created by the liable person before the giving of the deduction notice (other than an assignment or charge that is created as security for money that has already been loaned by the person at the time that the deduction notice is given); and
      1. any assignment or charge created by the liable person after the giving of the deduction notice,—
      2. prevail over and have priority to any charge created by any attachment order or deduction notice issued under any other Act; and
        1. apply notwithstanding anything in section 97 of the Shipping and Seamen Act 1952.