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Child Support Act 1991

Enforcement provisions - Miscellaneous provisions

202: Procedure in High Court where defendant absent from New Zealand

You could also call this:

“How the High Court deals with child support cases when the person who owes money is overseas”

If someone owes money for child support but they’re not in New Zealand, the High Court can help. The court can let the Commissioner of Inland Revenue serve papers to the person even if they’re in another country. If that’s not possible, the court can decide to move forward without serving papers. This follows the usual High Court rules, but with one difference: the Commissioner doesn’t have to pay any security money to the court. This means the Commissioner can take action more easily to get the child support money that’s owed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM257067.

Topics:
Family and relationships > Children and parenting Crime and justice > Courts and legal help
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201: Dispositions may be set aside, or

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

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203: No limitation of action to recover financial support, or

"You can try to get back money owed for child support at any time"

Part 11 Enforcement provisions
Miscellaneous provisions

202Procedure in High Court where defendant absent from New Zealand

  1. In any action in the High Court for the recovery of financial support from a defendant absent from New Zealand, the High Court may grant leave to serve the writ out of New Zealand, or to proceed without service in the same manner as may be provided in other cases by the Rules of the High Court for the time being in force, save that no security shall be required from the Commissioner.

Compare
  • 1976 No 65 s 402