Plain language law

New Zealand law explained for everyone

Child Support Act 1991

Jurisdiction of courts in relation to child support and domestic maintenance - Orders for provision of child support in form of lump sum

109: Orders for provision of child support in form of lump sum

You could also call this:

“Court can order one-time payment for child support instead of regular payments”

The Family Court can make orders for a parent to pay a lump sum for child support. This can happen if someone who is caring for the child or the parent who is supposed to pay child support asks the court. The court will only do this if they think it’s fair for everyone involved and it’s the right thing to do.

The court can order the parent to pay a lump sum for future support of the child, or for past support, or both. When deciding, the court will look at how much child support is usually paid, any special decisions about child support that have been made before, and other important factors.

The court can also consider other things that might be important. Once the court makes a decision, the Commissioner (a government official) will make sure it happens as soon as possible.

This law is designed to make sure children get the financial support they need, while being fair to both the person caring for the child and the parent who has to pay.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM255362.

Topics:
Family and relationships > Children and parenting
Previous

108: Application for order for provision of child support in form of lump sum, or

"Asking the court to change child support to a one-time payment"

Next

110: Relationship between lump sum orders and assessed child support, or

"How lump sum payments affect regular child support payments"

Part 7 Jurisdiction of courts in relation to child support and domestic maintenance
Orders for provision of child support in form of lump sum

109Orders for provision of child support in form of lump sum

  1. Where a receiving carer or a liable parent makes an application to the Family Court under section 108 and the court is satisfied that it would be—

  2. just and equitable as regards the child, the receiving carer, and the liable parent; and
    1. otherwise proper,—
        1. to make an order that the liable parent pay a lump sum towards the support of the child, the court may make the order.

      1. The Family Court may make either one, or both, of the following orders under this section:

      2. an order directing the respondent to pay such lump sum towards the future support of the child as the court thinks fit:
        1. an order directing the respondent to pay such lump sum towards the past support of the child as the court thinks fit.

          1. In determining the application, the court must have regard to—

          2. the formula assessment in force in relation to the child, the receiving carer, and the liable parent; and
            1. any determination in force under Part 5A, or 6A, or 6B in relation to the child, the receiving carer, and the liable parent; and
              1. any order in force under section 106 in relation to the child, the receiving carer, and the liable parent; and
                1. the matters mentioned in section 105(4) and (5); and
                  1. the relationship between any lump sum order and any liability to pay child support under a formula assessment, as determined in accordance with section 110.

                    1. The court may have regard to other matters beyond those specified in subsection (3).

                    2. The Commissioner shall, as soon as practicable, take such action as is necessary to give effect to any order made under this section.

                    Compare
                    • Child Support (Assessment) Act 1989 s 124 (Aust)
                    Notes
                    • Section 109(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 109(1): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                    • Section 109(1)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                    • Section 109(3)(a): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                    • Section 109(3)(aa): inserted (with effect on 1 July 1994), on , by section 6(1) of the Child Support Amendment Act 1994 (1994 No 74).
                    • Section 109(3)(aa): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                    • Section 109(3)(aa): amended, on , by section 28 of the Child Support Amendment Act 2006 (2006 No 42).
                    • Section 109(3)(b): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
                    OSZAR »