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Child Support Act 1991

Enforcement provisions

180B: Commissioner may write off child support debt if liable person has died and his or her estate is insufficient

You could also call this:

“If someone who owes child support dies, their debt might be cancelled if they don't have enough money left behind”

If someone who owes child support dies, the Commissioner can choose to cancel some or all of the unpaid child support debt that the person’s estate owes to the government. The Commissioner can do this if they believe that the person’s estate doesn’t have enough money or assets to pay the debt.

The Commissioner can cancel the debt even if a court hasn’t officially declared the person’s estate to be insolvent (meaning it can’t pay its debts). This rule applies regardless of whether the estate is being managed under the part of the Insolvency Act that deals with estates that can’t pay their debts.

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Topics:
Family and relationships > Children and parenting
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180A: Commissioner may write off benefit component of child support debt if receiving carer was UCB beneficiary and recovery would cause serious hardship or be inefficient use of Commissioner's resources, or

"Commissioner can cancel child support debt if collecting it would cause hardship or waste resources"

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180C: Commissioner may write off child support debt if receiving carer has died and debt is likely to be unable to be recovered, or

"Debt can be cancelled if the person meant to get child support has died and it's hard to collect the money"

Part 11 Enforcement provisions

180BCommissioner may write off child support debt if liable person has died and his or her estate is insufficient

  1. The Commissioner may write off some or all of an amount of child support debt that is payable by the estate of a liable person to the Crown under this Act, and that is unpaid and in arrear, if—

  2. the liable person has died; and
    1. the Commissioner is satisfied that the liable person's estate is insufficient to pay the part, or all, of the amount.

      1. Subsection (1) applies even if no order has been made that the liable person's estate be administered under Part 6 (insolvent deceased estates) of the Insolvency Act 2006.

      Notes
      • Section 180B: inserted, on , by section 60 of the Child Support Amendment Act 2013 (2013 No 12).
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