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Family Proceedings Act 1980

Overseas maintenance - Discharge or variation of overseas maintenance order

142D: Payment of arrears on child maintenance orders

You could also call this:

"Getting money owed for child maintenance even if the order stops"

Illustration for Family Proceedings Act 1980

You can still get money that is owed to you for child maintenance, even if the order is stopped or cancelled. The court can decide to cancel or put on hold some or all of the money that is owed. You can get this money as if the order was still in place, unless the court decides to cancel it.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM41445.

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Family and relationships > Children and parentingMoney and consumer rights > Debt recovery
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142C: Conditions relating to variation of child maintenance order, or

"Changing a Child Maintenance Order from Another Country"

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142E: Provisional order discharging, etc, child maintenance order, or

"Asking to change a child maintenance order from another country"

Part 8Overseas maintenance
Discharge or variation of overseas maintenance order

142DPayment of arrears on child maintenance orders

  1. All arrears due under a child maintenance order at the time when it is discharged or otherwise ceases to have effect are recoverable by the person to whom they are owing as if the order were still in force, unless and to the extent that the arrears are remitted by the court.

  2. If a court remits or suspends, under this section or section 142B(1)(d), any arrears due under a child maintenance order,—

  3. the remittance or suspension may be in respect of all or any part of the arrears; and
    1. the remittance or suspension may be in respect of any child maintenance order, whether or not it has ceased to be in force; and
      1. any suspension may be on any terms and conditions that the court specifies.

        Notes
        • Section 142D: inserted, on , by section 6 of the Family Proceedings Amendment Act 2000 (2000 No 66).