Child Support Act 1991

Collection of financial support - Discretionary relief in respect of penalties and pre-2021 penalties

135C: Discretionary relief if failure of another person to make deduction

You could also call this:

“You might get help with penalties if someone else forgot to take out your child support money”

If someone else was supposed to take money out of your pay for child support but didn’t, you might be able to get some help with the penalties you owe. The Commissioner can give you this help if:

  1. The reason you’re late paying is because the other person didn’t take the money out when they should have.

  2. You’ve tried your best to fix the problem or make it better.

  3. The Commissioner thinks it’s fair to help you, given what happened.

The Commissioner can help you in the same way as described in section 135A.

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135B: Discretionary relief if reasonable cause, or

"You might get help if you have a good reason for late child support payments"


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135D: Discretionary relief if honest oversight by liable person with no history of default, or

"Getting help with penalties if you forgot to pay child support for the first time"

Part 8 Collection of financial support
Discretionary relief in respect of penalties and pre-2021 penalties

135CDiscretionary relief if failure of another person to make deduction

  1. The Commissioner may grant relief to a liable person in the manner prescribed by section 135A if the Commissioner is satisfied that—

  2. the circumstances that contributed to the delay in the payment of the debt to which a penalty relates were due to, or caused directly or indirectly by, the failure of any person to make a deduction under Part 10; and
    1. the liable person has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; and
      1. having regard to the nature of those circumstances, it would be fair and reasonable to grant relief.
        Notes
        • Section 135C: inserted, on , by section 32(1) of the Child Support Amendment Act 2006 (2006 No 42).
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