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New Zealand law explained for everyone

Child Support Act 1991

Payment of financial support - Payments by Commissioner

152B: Offsetting child support payments

You could also call this:

"Balancing child support payments when two people owe each other"

If you and another person both need to pay each other child support, the Commissioner can balance these payments against each other. This can happen if the payments are from a formula assessment or a voluntary agreement.

The Commissioner can do this if they think it's fair and right. But they can't do it if the other parent is going to get a special benefit called a UCB benefit during that time.

If the Commissioner balances the payments when they shouldn't have, and this means you need to pay more child support, you'll have 30 days to pay the extra amount. This 30-day period starts from when you're told about the mistake.

Remember, these rules are part of New Zealand's Child Support Act 1991. They help make sure child support payments are handled fairly when two people owe each other money for child support.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6439592.

Topics:
Family and relationships > Children and parenting
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Part 9Payment of financial support
Payments by Commissioner

152B Offsetting child support payments

  1. This section applies if 2 persons are each liable to pay in respect of the other an amount of child support under a formula assessment or a voluntary agreement (whether or not those amounts have become due and payable).

  2. The Commissioner may at any time offset one amount against the other if the Commissioner is satisfied that it would be just and equitable to do so.

  3. However, the Commissioner cannot exercise this power in respect of any amount in respect of a period if during that period the other parent is expected to be a UCB beneficiary).

  4. Subsection (4) applies if—

  5. the power to offset should not have been exercised because of subsection (2); and
    1. the reversal of the offsetting results in a requirement to pay an additional amount of child support.

      1. The parent must pay the additional amount within 30 days after the date on which the notice of reversal is given to the parent.

      Notes
      • Section 152B: inserted, on , by section 28 of the Child Support Amendment Act 2013 (2013 No 12).
      • Section 152B(1): replaced, on , by section 55(1) of the Child Support Amendment Act 2021 (2021 No 6).
      • Section 152B(1): amended (with effect on 26 October 2021), on , by section 241 of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
      • Section 152B(1A): inserted, on , by section 55(1) of the Child Support Amendment Act 2021 (2021 No 6).
      • Section 152B(2): amended, on , by section 15 of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).
      • Section 152B(2): amended, on , by section 55(2) of the Child Support Amendment Act 2021 (2021 No 6).
      • Section 152B(2): amended, on , by section 49 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
      • Section 152B(3): inserted, on , by section 55(3) of the Child Support Amendment Act 2021 (2021 No 6).
      • Section 152B(4): inserted, on , by section 55(3) of the Child Support Amendment Act 2021 (2021 No 6).