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Family law

Child support

How child support payments are enforced

Child Support Act 1991, ss 130, 131, 134, Part 10 (ss 153-177), Part 11 (ss 178–207)

If you don’t pay the child support you’re responsible for, Inland Revenue can take various steps to enforce payment from you. Penalties can be added to what you owe, if you don’t pay your child support.

Inland Revenue can place a deduction notice against your benefit, bank account or wages, meaning they can deduct this amount straight from your benefit, bank account or wages.

Inland Revenue can also take you to court to enforce payment. The enforcement options are similar to civil court cases when the District Court has given a judgment stating that someone owes a certain amount. In child support cases the District Court can:

  • issue a warrant for your property to be seized so that it can be sold to pay off the debt (these used to be called “distress warrants”)
  • put a charge over any of your property (including any life insurance) – this will stop you selling the property until the debt is paid
  • issue a summons requiring you to come to court to have your financial situation examined. If you don’t turn up to court, you can be arrested.

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Parents, guardians and caregivers

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: communitylaw.org.nz/our-law-centres

Access the free “Pregnancy Rights: Your legal options before and after pregnancy” booklet, here. This booklet contains practical answers to questions about pregnancy and the law, and includes information on sexual health and consent, options after a positive pregnancy test, healthcare, education, housing and more.
Email for a hard copy: publications@wclc.org.nz
Phone: Community Law Wellington and Hutt Valley – 04 499 2928

Family Court

The Family Court website covers many topics discussed in this chapter, including how the family court works, care of children, adoption and paternity.

Website: www.justice.govt.nz/family

New Zealand Law Society

The Law Society has helpful information on what happens with children when parents separate.

Website: www.lawsociety.org.nz/for-the-public/common-legal-issues/what-happens-to-your-children-when-you-part

Inland Revenue

Inland Revenue’s Child Support webpage has a wide range of forms and guides for parents and caregivers.

Website: www.ird.govt.nz/topics/child-support
Phone: 0800 221 221

Aotearoa New Zealand Association of Supervised Contact Services (ANZASCS)

The ANZASCS website has information about supervised contact and lists contact details for approved providers of supervised contact services.

Website: www.anzascs.org.nz

Alternative Dispute Resolution

There are many kinds of “alternative dispute resolution” that, depending on your personal situation, may be cheaper and more successful than going to the Family Court. These include counselling, mediation and negotiation. The following list is not exhaustive:

Resolution Institute: www.resolution.institute
Website: www.aminz.org.nz
Arbitrators’ and Mediators’ Institute of New Zealand Inc (AMINZ): www.fdrc.co.nz
FairWay: www.fairwayresolution.com
Family Works: www.familyworkscentral.org.nz

Oranga Tamariki/Ministry for Children

Oranga Tamariki’s website has information about the adoption process.

Website: www.orangatamariki.govt.nz/adoption/adopting-in-nz
Phone: 0508 326 459

Department of Internal Affairs

The DIA website has information on how to obtain original birth certificates for adopted children.

Website: www.govt.nz/browse/family-and-whanau/adoption-and-fostering/finding-your-birth-parents

Registering your child’s birth

The Smartstart website allows you to register your baby’s birth online.

Website: www.smartstart.services.govt.nz/register-my-baby

Also available as a book

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