Child Support Amendment Act 2013

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Child Support Amendment Act 2013

Public Act2013 No 12
Date of assent16 April 2013
Commencementsee section 2

Contents

1 Title

2 Commencement

3 Principal Act amended

Part 1
Formula assessment of child support

4 Long Title repealed

5 Interpretation

6 New section 3A inserted

7 Objects

8 New section 4A inserted

Amendments to Part 1 (liability to pay)

9 Children who qualify for child support

10 New headings and sections 7B to 19 substituted

11 New section 25 substituted

Amendments to Part 2 (assessment of amounts)

12 New headings and sections 29 to 36D substituted

13 New heading and sections 40AA to 45 substituted

Amendments to Part 5 (procedures)

14 Minimum rate of child support or domestic maintenance

15 New section 82 substituted

16 Commissioner to give effect to changed circumstances

17 New sections 88 to 89 substituted

Amendment to Part 5A (exemptions)

18 Exemption for long-term hospital patients

19 Exemption for long-term prisoners

Amendments to Part 6 (objections)

20 Objections to appealable decisions

21 Objections to assessments

22 Requirements in relation to objections

Amendment to Part 6B (Commissioner-initiated administrative reviews)

23 Commissioner may make determination under this Part

Amendments to Part 7 (appeals and departure orders)

24 Sections 100 and 101 repealed

25 Matters as to which court must be satisfied before making order

26 Orders that may be made

Amendments to Part 8 (collection of financial support)

27 Discretionary relief if debt uplifted

Amendment to Part 9 (payment)

28 New section 152B inserted

Amendment to Part 11 (enforcement provisions)

29 New section 179A inserted

Amendments to Part 14 (general provisions)

30 Section 237 substituted

Amendment to Part 16 (transitional and savings provisions)

31 New section 276 added

New schedules inserted

32 New Schedule 1 inserted

33 New Schedules 2 and 3 inserted

Consequential amendments

34 Consequential amendments to principal Act

35 Consequential amendment to Adoption Act 1955

36 Consequential amendment to Births, Deaths, Marriages, and Relationships Registration Act 1995

Part 2
Departures from formula assessment, collection, penalties, and relief

Amendments to Part 7 (grounds for departure from formula assessment)

37 Matters as to which court must be satisfied before making order

Amendments to Part 8 (automatic deduction)

38 New heading and sections 129 to 131B substituted

Amendments to Part 8 (penalties)

39 New sections 134 to 134B substituted

Amendments to Part 8 (relief from penalties)

40 Interpretation for purposes of sections 135A to 135O

Amendment to Part 8 (payment agreements)

41 New heading and section 135AA inserted

Amendments to Part 8 (discretionary relief from penalties)

42 Application of sections 135B to 135G

43 New section 135FA inserted

44 Discretionary relief for residual incremental penalty debt

45 New section 135GA inserted

Amendment to Part 8 (mandatory relief from initial late payment penalties)

46 New sections 135GB and 135H inserted

Amendments to Part 8 (mandatory relief from incremental penalties)

47 Relief from incremental penalties unpaid before agreement entered into

48 Relief from incremental penalties in relation to arrangements entered into or made before commencement

49 Relief from ongoing incremental penalties if payment agreement in force

50 Relief from ongoing incremental penalties if deduction notice in force

Amendments to Part 9 (payment)

51 Method in which payments to be made

52 Overpayments to payees

53 New section 151AA inserted

54 Section 151A repealed

55 Relief in cases of serious hardship

56 Relief in case of exemption granted to liable person

57 New section 152B inserted

Amendment to Part 10 (automatic deductions)

58 Deduction notice

Amendments to Part 11 (discretion to write off certain child support debt and recognition of qualifying payments for child's direct benefit)

59 Payee may uplift financial support debt

60 New sections 180A to 180C inserted

61 Direct payment to payee

Amendment to Part 16 (transitional and savings provisions)

62 New section 276 substituted

Amendments to Schedule 1

63 Schedule 1 amended

Schedule 1
New Schedule 1 inserted

Schedule 2
New Schedules 2 and 3 inserted

Schedule 3
Consequential amendments to principal Act

Legislative history


The Parliament of New Zealand enacts as follows: