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Child Support Act 1991

Enforcement provisions - Miscellaneous provisions

200: Dispositions may be restrained

You could also call this:

“Court can stop people from getting rid of property to avoid paying child support”

If you’re worried that someone might try to get rid of their property to avoid paying child support, here’s what you should know:

The court can stop someone from getting rid of their property if they think it’s being done to avoid paying child support. This applies to anyone involved in a child support case, not just the person who owes money. The court can do this even if the property is being sold or given away.

If the court decides to stop someone from getting rid of their property, they will make an order. This order might say that the person can’t sell or give away the property, or it might say that any money from selling the property has to be given to the court.

If someone tries to get rid of their property after the court has told them not to, it won’t count. The court can decide what happens to the property or money from selling it.

The court will try to be fair to everyone involved when making these decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM257065.

Topics:
Family and relationships > Children and parenting Money and consumer rights > Banking and loans
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199: Arrest of liable person, or

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201: Dispositions may be set aside, or

"The court can undo property moves made to avoid paying child support"

Part 11 Enforcement provisions
Miscellaneous provisions

200Dispositions may be restrained

  1. Where it appears to a court that a disposition of any property is about to be made, whether for value or not, by or on behalf of or by direction of or in the interests of a liable person or any other party to proceedings under this Act in order to defeat the claim or rights of the Commissioner or any other person under this Act or in respect of costs, the court may, on the application of the Commissioner and on such notice being given as the court may direct, by order restrain the making of the disposition or may order any proceeds of the disposition to be paid into court to be dealt with as the court directs.

  2. A disposition made after an order of the court under subsection (1) restraining the making of the disposition has been served on or come to the notice of the person disposing of the property, or any auctioneer, agent, or solicitor acting in connection with the disposition, shall be void; and the court may consider any claim of any person interested and may make such order as it thinks just.

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