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Child support
Turuki Tamariki
Victims of sexual offences

Victims of sexual offences

Stopping your child support payments

Paying parents who are the victims of a sexual offence may be able to stop their child support payments by applying for an exemption.

You can apply if:

  • an application for child support naming you as the paying parent has been accepted by Child Support for a child, and
  • you believe that the child was born as a result of a sexual offence (as defined by section
    127 - 144C of the Crimes Act 1961), and
  • you're the victim of the offence, and
  • a person other than you has been:
    • convicted of the sexual offence, or
    • proved to have committed the sexual offence in a Youth Court, or
    • in the opinion of Inland Revenue, the child was conceived as a result of that sexual offence.
Examples  
  • A boy under 16 fathers a child with a woman over 30. If the woman is convicted of committing that sex offence and an application for child support is later accepted by Child Support for that child, the boy may be able to apply for an exemption as he is the victim.
  • A girl is the victim of sexual abuse which results in the birth of a child. If the abuser is convicted of committing that sex offence, and an application for child support is later accepted by Child Support for that child against the girl (this could happen, for example, if a grandparent is caring for the child), she may be able to apply for an exemption as she is the victim.

You can apply for an exemption within 28 days of being told of your child support liability. The exemption will apply from the date we received the child support application. If we receive your exemption application after 28 days the exemption will apply from the date we received it.

Applying to stop your payments

To apply to have your payments stopped, you need to tell us in writing:

  • your name, IRD number and date of birth
  • the name and date of birth (or approximate age if date of birth is not known) of the person convicted of the crime
  • the date of the court hearing and the name of the court where the hearing took place.

We'll contact the New Zealand Police or Ministry of Justice to verify details.

If you don't qualify to stop your payments

If you don't qualify to have your payments stopped, we may still be able to reduce your payments. To qualify for a reduction your income for the current year ending 31 March needs to be at least 15% less than the income we used to work out your child support payments.

For example, if we originally used an income of $20,000 per annum to work out your payments, and the income you expect to get for the year has fallen by at least $3,000 (15%), we can reduce your payments.

Applying to reduce your payments

You can either:

  • fill in an Estimate of income for child support assessment (IR104) form, or
  • write to us telling us how much you expect to earn for the current year.

You'll need to:

  • state how much you expect to earn for the current year
  • provide evidence of your estimation - such as payslips, a letter from Work and Income or, if you were self-employed, a letter from your accountant.

We'll work out your new payments and tell you the new rate.

If you already owe child support

You are still liable for any child support you owe before your payments are stopped or reduced.

For more help

Please call us on 0800 221 221 between 8 am and 6 pm on weekdays.

 


Date published: 16 Dec 2009

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