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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

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

You could also call this:

“Making sure old child support payments are collected by the government”

This law talks about how the government handles child support payments that were set up before July 1, 1992. If the Department of Social Welfare gives the Commissioner certain information about these old orders or agreements before July 1, 1992, they will be treated like new voluntary agreements.

The Commissioner needs to know things like who should get the payments, the children’s names and birthdays, how much money is owed for each child, and when the payments should stop. Once they have this information, they can start collecting the payments from July 1, 1992, just like they do with newer agreements.

The Commissioner will send a notice to everyone involved in these old orders or agreements. If you get one of these notices and think the information is wrong, you need to tell the Commissioner in writing within 28 days.

If someone tells the Commissioner that the information is wrong, the old order or agreement won’t be treated like a new one. Instead, if you still want the Commissioner to collect the payments, you’ll need to make a special request.

The payments will keep going until the old order or agreement ends or is no longer registered under the Family Proceedings Act 1980.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM257750.

Topics:
Family and relationships > Children and parenting
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263: Continuation of certain other child maintenance orders and agreements, or

"Child support payments from old agreements can continue for a while"

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265: Enforcement of other child maintenance orders and agreements, or

"How to make sure old child support agreements are followed"

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

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

  1. This section applies to every order and agreement to which section 263 applies and in respect of which the Commissioner receives from the Director-General of Social Welfare, before 1 July 1992, the following information:

  2. the name and current address of the person entitled to receive payments under the order or agreement; and
    1. the names and dates of birth of each child in respect of whom the maintenance is payable; and
      1. the amount payable for each child, the frequency of the payments, and the date on which the order ceases to remain in force; and
        1. such other information as the Commissioner may require in order to be satisfied that the information required to be provided under section 14 has been provided.

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

          2. shall be deemed, for the purposes of enforcement by the Commissioner, to be a qualifying voluntary agreement that has been accepted by the Commissioner under Part 3; and
            1. the provisions of sections 58 to 65 shall, with the necessary modifications, apply accordingly, except that—
              1. notwithstanding section 59, child support under the order or agreement shall commence to be payable from 1 July 1992:
                1. notwithstanding section 62 of this Act, child support under the order or agreement shall cease to be payable on the date on which the order or agreement ceases to remain in force or ceases to be registered or confirmed under the Family Proceedings Act 1980, as the case may be, in accordance with section 263(2)(b) of this Act.

                2. The Commissioner shall, as soon as practicable, give a notice in accordance with section 60 to each party to an order or agreement to which this section applies.

                3. Any person to whom any such notice is given and who disputes the accuracy of any information given by the Director-General of Social Welfare shall notify the Commissioner in writing of that fact not more than 28 days after the date on which the notice is given.

                4. Where any such notification is received by the Commissioner,—

                5. subsection (2) shall not apply; and
                  1. any party to the order or agreement who wishes the Commissioner to enforce it shall be required to make an application under section 265(2)(a).