Plain language law

New Zealand law explained for everyone

Child Support Act 1991

Enforcement provisions - Charging orders

184: Charging orders

You could also call this:

“A rule about how judges can claim your property if you owe child support money”

When you owe money for child support, a judge can order that the money you owe becomes a charge on your property. This means that the person who should get the money has a right to your property until you pay.

The judge will say exactly which of your properties this applies to. The charge becomes active as soon as the order is made, but for real property (like land or houses), it needs to be registered to be fully effective.

The judge can change or cancel this order at any time. If the order is about land, a copy of it is sent to be recorded in the land registry. This is done for free.

If the order is changed or cancelled, this can also be recorded in the same way as the original order.

This kind of order is very powerful and overrides some other laws about compensation for workers.

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 It might be out of date or be missing some parts.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=DLM257033.

Topics:
Family and relationships > Children and parenting
Previous

183: Warrant to seize property, or

"A judge can order officials to take someone's things if they don't pay child support"

Next

185: Charging orders on life insurance policies, or

"How to put a hold on someone's life insurance policy to get money they owe you"

Part 11 Enforcement provisions
Charging orders

184Charging orders

  1. Where a person has a liability to pay financial support under this Act, a Family Court Judge, Family Court Associate, or District Court Judge may, in any case, at any time after the commencement of that liability, order that the financial support payable or to become payable under this Act shall be a charge on any property to which the person is entitled.

  2. Subject in the case of any real property to registration under subsection (6), the property shall become subject to a charge accordingly in favour of the person to whom for the time being and from time to time the money is or becomes payable.

  3. A charging order shall specify, in such a manner as to identify it, the property on which the charge is imposed.

  4. A charging order may at any time be varied or discharged by a Family Court Judge, Family Court Associate, or District Court Judge.

  5. Nothing in section 131 of the Workers' Compensation Act 1956 or in section 89 of the Accident Compensation Act 1982 shall apply to any charge constituted under this section.

  6. Where a charging order is made in respect of the registered estate or interest of the respondent in any land, a duplicate or copy of the order under the seal of the court may be delivered for registration to the Registrar-General of Land if the title to the land is under the Land Transfer Act 2017, or to the appropriate Registrar of Deeds if the title to the land is not under that Act, or, in the case of a mining privilege within the meaning of the Mining Act 1971, may be delivered for recording to the Registrar-General of Land.

  7. The Registrar to whom the duplicate or copy is delivered shall, without fee, record it in the register against the appropriate folium of the register book and against any relevant instrument or title, or record it and note its particulars on the filed copy of the mining privilege to which it relates, as the case may require.

  8. An order discharging or varying a charging order may be registered or recorded in the same manner as the charging order.

Compare
Notes
  • Section 184(1): amended, on , by section 43(1) of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).
  • Section 184(4): amended, on , by section 43(2) of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).
  • Section 184(6): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).