Plain language law

New Zealand law explained for everyone

Child Support Act 1991

Enforcement provisions - Provisions as to enforcement of financial support liability

190: Power to issue summons to appear in court

You could also call this:

“The court can make you come and explain why you haven't paid child support”

If you don’t pay the financial support you owe under this Act, the court can issue a summons. This means you have to go to court to explain why you haven’t paid.

The Registrar at the nearest District Court or Family Court can issue this summons if the Commissioner asks for it and shows proof that you haven’t paid. They won’t issue a summons if they know you’re in jail.

When you get a summons, you have to go to court at the time and place it says. There, you’ll need to explain to the judge why you haven’t paid and what money or assets you have. You must bring all your financial papers and documents with you.

If the court can’t give you the summons, or if you don’t show up when you’re supposed to, the judge can order the police to arrest you and bring you to court.

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 It might be out of date or be missing some parts.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=DLM257048.

Topics:
Family and relationships > Children and parenting
Previous

189: Order for enforcement of arrears, or

"Court can make you pay if you owe child support money"

Next

191: Evidence of default, or

"How the government proves someone hasn't paid their child support"

Part 11 Enforcement provisions
Provisions as to enforcement of financial support liability

190Power to issue summons to appear in court

  1. Where a person who is liable to pay financial support under this Act refuses or fails to make payment of any financial support so payable, the Registrar of the District Court or Family Court at the office of the court nearest to the place where the person resides or carries on business, on the application of the Commissioner, supported by sufficient evidence of default, may, unless the Registrar knows that the person is undergoing a custodial sentence, as defined in section 4 of the Criminal Records (Clean Slate) Act 2004, issue a summons in the prescribed form to that person.

  2. A summons issued under subsection (1) shall require the person, unless the amount of arrears of financial support (including any penalty or other charge imposed thereon under this Act) due under this Act is sooner paid, to appear at the time and place appointed in the summons to be examined orally by the District Court or Family Court as to the person's means and the reason for the alleged default.

  3. The liable person shall produce at the examination all books, papers, and the documents relating to the person's debts and to the person's default under this Act.

  4. If a summons issued under this section cannot be served or if a person on whom such a summons has been served fails to appear before the District Court or Family Court at the time and place specified in the summons, or at any subsequent time and place to which the examination is adjourned, a District Court or Family Court Judge may issue a warrant to arrest the person and bring the person before the court as soon as possible.

Compare
Notes
  • Section 190(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 190(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).