Child Support Act 1991

Automatic deductions - Automatic deductions

168: Payer failing to make financial support deductions

You could also call this:

“What happens if someone doesn't take child support money from your pay”

If someone who is supposed to take money out of your pay for child support (called a payer) doesn’t do it, they will owe that money to the government instead. The government will expect the payer to give them the money by the 20th day of the next month.

This rule doesn’t apply if a bank fails to take money from your bank account for child support.

The government can try to get the money from both the payer and the person who owes child support. They can try to get all the money from the payer, all from the person who owes, or some from each.

If the payer gives the government the money they should have taken from your pay, the payer can then ask you to pay them back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM256593.


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167: Deductions to be held on trust, or

"Money taken for child support must be kept safe for the government"


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169: Unpaid financial support to constitute charge on payer's property, or

"Unpaid child support can lead to the government claiming your property"

Part 10 Automatic deductions
Automatic deductions

168Payer failing to make financial support deductions

  1. Where a payer fails to make a deduction in accordance with the payer's obligations under this Part, the amount in respect of which default has been made shall constitute a debt payable by the payer to the Commissioner, and shall be deemed to have become due and payable to the Commissioner on the 20th day of the month following the month in which that deduction was required to be made in accordance with those obligations.

  2. Nothing in this section shall apply to a failure by a bank to make a deduction from a bank account.

  3. The right of the Commissioner to recover from the payer the amount in respect of which default has been made shall be in addition to any right of the Commissioner to recover that amount from the liable person under this Act; and nothing in this Part shall be construed as preventing the Commissioner from taking such steps as the Commissioner thinks fit to recover that amount from the payer and from the liable person concurrently, or from recovering that amount wholly from the payer or wholly from the liable person or partly from the payer and partly from the liable person.

  4. Where any amount required to be deducted in accordance with this Part from any money payable to a liable person is instead paid to the Commissioner by the payer of the amount payable, the amount so paid to the Commissioner may be recovered by the payer from the liable person.

Compare
  • 1976 No 65 s 366