Plain language law

New Zealand law explained for everyone

Child Support Act 1991

Enforcement provisions - Miscellaneous provisions

207: Amounts paid where no liability to pay exists, etc

You could also call this:

“Getting your money back if you paid child support you didn't owe”

If you pay money for child support to the Commissioner, but it turns out you didn’t need to pay it, and the Commissioner has already given that money to someone else, you can ask for your money back. You can do this by going to the District Court.

When you go to court about this, the judge will try to make things fair for everyone involved. They will think about what’s best for you, the person who got the money, and the child if there is one.

There’s a rule called section 89J that might change how this works, so it’s important to know about that too.

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 It might be out of date or be missing some parts.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=DLM257072.

Topics:
Family and relationships > Children and parenting
Previous

206: Direct payment to payee, or

"Child support payments made directly to you don't count officially"

Next

208: Offences, or

"Breaking the rules in child support matters can get you in trouble"

Part 11 Enforcement provisions
Miscellaneous provisions

207Amounts paid where no liability to pay exists, etc

  1. Where—

  2. an amount of financial support is paid by a person to the Commissioner; and
    1. the person is not liable, or subsequently becomes not liable, to pay the amount to the Commissioner; and
      1. the Commissioner has paid the amount to a payee,—
          1. the amount may be recovered from the payee by the person in the District Court.

        1. In a proceeding in a court under this section, the court may make such orders as it considers just and equitable for the purpose of adjusting or giving effect to the rights of the parties and, where appropriate, the child concerned.

        2. This section is subject to section 89J.

        Notes
        • Section 207(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 207(3): added, on , by section 37 of the Child Support Amendment Act 2006 (2006 No 42).