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Child Support Act 1991

Enforcement provisions

180C: Commissioner may write off child support debt if receiving carer has died and debt is likely to be unable to be recovered

You could also call this:

“Debt can be cancelled if the person meant to get child support has died and it's hard to collect the money”

The Commissioner can cancel some or all of the child support debt that a person owes to the government if two things happen. First, the person who was supposed to receive the child support has died. Second, the Commissioner believes that it would be very hard to collect the money that is owed. This applies to child support payments that are late or haven’t been paid yet. The Commissioner can decide to do this even if only part of the debt meets these conditions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803478.

Topics:
Family and relationships > Children and parenting
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180B: Commissioner may write off child support debt if liable person has died and his or her estate is insufficient, or

"If someone who owes child support dies, their debt might be cancelled if they don't have enough money left behind"

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180D: Sections 180B and 180C to cover child support penalties, or

"Child support debt includes regular payments and extra fees for not following the rules"

Part 11 Enforcement provisions

180CCommissioner may write off child support debt if receiving carer has died and debt is likely to be unable to be recovered

  1. The Commissioner may write off some or all of an amount of child support debt that is payable by a liable person to the Crown under this Act, and that is unpaid and in arrear, if—

  2. the receiving carer has died; and
    1. the Commissioner is satisfied that the part, or all, of the amount is for any reason likely to be unable to be recovered.

      Notes
      • Section 180C: inserted, on , by section 60 of the Child Support Amendment Act 2013 (2013 No 12).