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Family Proceedings Act 1980

Enforcement of maintenance orders from 1 July 1992

101B: Power to issue deduction notices under Social Security Act 2018

You could also call this:

"What happens if you don't pay money you owe under a maintenance order"

Illustration for Family Proceedings Act 1980

You have to pay money under a maintenance order. If you do not pay this money, it is called a payment in arrear and unpaid. The chief executive of the department responsible for the Social Security Act 2018 can issue a deduction notice. You can get a deduction notice if you owe money. The notice is like a debt to the government under the Social Security Act 2018. The deduction notice cannot be sent to your employer if they are the person who owes the money. This rule does not change other rules like section 101 or section 110. These rules were saved by section 259(1) of the Child Support Act 1991. You should know about these rules if you owe money under a maintenance order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41244.

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Money and consumer rights > DebtFamily and relationships > Children and parenting
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Part 7Enforcement of maintenance orders from 1 July 1992

101BPower to issue deduction notices under Social Security Act 2018

  1. This section applies to a payment—

  2. under a maintenance order; and
    1. that is in arrear and unpaid.

      1. The chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 may issue a deduction notice under regulations made under section 444 of that Act to a person as if the payment in arrear and unpaid were a debt due to the Crown under that Act.

      2. However, the deduction notice cannot be issued to the employer of, acting in the capacity of the employer of, the person against whom the order was made.

      3. This section does not limit section 101 or section 110 (as saved by section 259(1) of the Child Support Act 1991).

      Notes
      • Section 101B: replaced, on , by section 459 of the Social Security Act 2018 (2018 No 32).