Child support
Voluntary agreements
How does a voluntary agreement work?
Child Support Act 1991, ss 48, 49
When the two parents can agree to make their own child support agreement, it is called a “voluntary agreement”. The agreement must be in writing, and it will need to be registered with Inland Revenue (IRD). IRD will collect and enforce payment.
The agreement has to be for regular payments, either weekly, fortnightly or monthly. The amount to be paid under the agreement must be at least $520 for the year ($10 a week).
What if the parent receiving child support is on a benefit?
If the parent receiving the child support payment is on a benefit, Inland Revenue will only accept a voluntary agreement between the parents if the amount to be paid under the agreement is the same or more than it would be under the formula assessment (see: “Child support scheme”).
The amount must be paid to Inland Revenue, who will pay the parent any child support that’s more than the amount of the benefit.
What needs to be covered in a voluntary agreement?
The voluntary agreement should state:
- that one parent accepts they are responsible for paying child support
- how much will be paid
- how often the payments will be made
- any extra payments the parent will make – for example, paying for school fees.
