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Family Proceedings Act 1980

Maintenance of spouses and de facto partners - Miscellaneous provisions as to maintenance

93: Person to whom money payable under maintenance order

You could also call this:

"Who gets the money from a maintenance order"

Illustration for Family Proceedings Act 1980

When a court makes a maintenance order, you usually pay the money to the Commissioner of Inland Revenue, following the rules in the Child Support Act 1991. The court can decide who gets the money, such as the person it is for, their bank account, or someone else. The court's decision is final and you must follow it. You pay the money as the court orders. The court can change or cancel its decision at any time. If the order is for a lump sum, the court can say it must be paid to Public Trust or another trustee. Public Trust or the trustee holds the money and follows the court's order. The person paying the money is freed from their responsibility once they pay it to the trustee. Public Trust invests the money and uses it as the court ordered. The person who would have gotten the money can still take action to enforce the order, not the trustee. In this case, a trustee includes Public Trust.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41212.

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Family and relationships > Children and parentingMoney and consumer rights > Taxes
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Part 6Maintenance of spouses and de facto partners
Miscellaneous provisions as to maintenance

93Person to whom money payable under maintenance order

  1. The money payable under a maintenance order shall, unless a direction of the court otherwise requires, be payable to the Commissioner of Inland Revenue in accordance with the Child Support Act 1991.

  2. A court may, on or at any time after making a maintenance order, direct that the money payable under the order shall be paid—

  3. to or on behalf of the person for whose maintenance the order is made; or
    1. to any account in a trading or savings bank standing in the name of any such person; or
      1. to any other person.

        1. All such money shall be payable in accordance with the tenor of the order.

        2. The court may from time to time vary or revoke any direction given by it under this section.

        3. A maintenance order providing for the payment of a lump sum may direct that the money be paid to Public Trust, or to any other trustee approved by the court, to be held and dealt with by Public Trust or the trustee in accordance with the order.

        4. The receipt of the trustee, or of any person authorised by the trustee in that behalf, shall be a complete discharge to the person paying the same for any money paid to the trustee pursuant to any order under subsection (5).

        5. Public Trust must invest all money paid to it under an order under subsection (5) in its common fund, and must apply that money and the income arising from it in accordance with the order.

        6. Proceedings for the enforcement of a maintenance order in respect of which an order is made under subsection (5) may be taken by the person who would have been entitled to take such proceedings if the order under that subsection had not been made, and not by the trustee.

        7. In this section trustee includes Public Trust.

        Notes
        • Section 93(1): replaced, on , by section 15 of the Family Proceedings Amendment Act 1991 (1991 No 144).
        • Section 93(5): replaced, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
        • Section 93(7): replaced, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
        • Section 93(9): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).