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Child Support Act 1991

Transitional and savings provisions - Child maintenance liabilities after 1 July 1992 under existing court orders and registered agreements

263: Continuation of certain other child maintenance orders and agreements

You could also call this:

“Child support payments from old agreements can continue for a while”

This law talks about what happens to certain orders and agreements about paying money to support a child after 1 July 1992. These orders and agreements can be from a court in New Zealand or from some other countries.

If you were paying money to support a child before 1 July 1992 because of one of these orders or agreements, it will keep going. You can still be made to pay the money.

However, the order or agreement will stop when one of these things happens:

  1. You start paying child support under the new rules in this Act.
  2. You and the other person make a new agreement that the government accepts.
  3. The person who was getting the money from you starts getting a benefit from the government.
  4. The date when the order or agreement was supposed to end anyway.

When one of these things happens, the order or agreement will stop working. If it was registered in New Zealand but came from another country, it won’t be registered anymore.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM257746.

Topics:
Family and relationships > Children and parenting
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262: Expiry of certain suspended child maintenance orders and agreements, or

"When certain old child support orders and agreements end"

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264: Enforcement of Department of Social Welfare administered child maintenance orders and agreements, or

"Making sure old child support payments are collected by the government"

Part 16 Transitional and savings provisions
Child maintenance liabilities after 1 July 1992 under existing court orders and registered agreements

263Continuation of certain other child maintenance orders and agreements

  1. This section applies where any person is, at the commencement of 1 July 1992, required to pay money towards the support of any child under—

  2. a maintenance order of the court; or
    1. a maintenance agreement registered under section 83 of the Family Proceedings Act 1980 which has effect as a maintenance order under section 84 of that Act; or
      1. any maintenance order made against any person by any court in a Commonwealth or designated country that has before 1 July 1992 been registered or confirmed in New Zealand under the Family Proceedings Act 1980.

        1. Each order or agreement to which this section applies—

        2. may be enforced in accordance with section 264 or section 265, as the case may be; and
          1. shall continue in full force and effect until whichever is the earliest of the following dates:and thereupon, at the close of that date, shall cease to remain in force or shall cease to be registered or confirmed under the Family Proceedings Act 1980, as the case may be.
            1. the date on which child support under a formula assessment commences to be payable, in accordance with this Act, to the person entitled to receive payments under the order or agreement, by the person liable to make those payments; or
              1. in a case where a voluntary agreement made in relation to the child between the parties to the order or agreement is accepted by the Commissioner, the date on which that voluntary agreement first applies in accordance with section 59; or
                1. the date on which a benefit is granted under the Social Security Act 2018 or Part 6 of the Veterans’ Support Act 2014 or the New Zealand Superannuation and Retirement Income Act 2001 to the person who is entitled to receive payments under the order or agreement; or
                  1. the date that the order or agreement would have expired if this Act had not been passed,—

                  Notes
                  • Section 263(2)(b)(iii): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).
                  • Section 263(2)(b)(iii): amended, on , by section 9(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).
                  • Section 263(2)(b)(iii): amended, on , by section 77 of the New Zealand Superannuation Act 2001 (2001 No 84).