When the two parents can agree to make their own child support agreement, it is called a “voluntary agreement”. The agreement must be in writing, and it will need to be registered with Inland Revenue (IRD). IRD will collect and enforce payment.
The agreement has to be for regular payments, either weekly, fortnightly or monthly. The amount to be paid under the agreement must be at least $520 for the year ($10 a week).
If the parent receiving the child support payment is on a benefit, Inland Revenue will only accept a voluntary agreement between the parents if the amount to be paid under the agreement is the same or more than it would be under the formula assessment (see: “ Child support scheme ”).
The amount must be paid to Inland Revenue, who will pay the parent any child support that’s more than the amount of the benefit.
The voluntary agreement should state:
Did this answer your question?
Parents, guardians and caregivers
Your local Community Law Centre can provide you with free initial legal advice.
Find your local Community Law Centre online: communitylaw.org.nz/our-law-centres
Access the free “Pregnancy Rights: Your legal options before and after pregnancy” booklet, here. This booklet contains practical answers to questions about pregnancy and the law, and includes information on sexual health and consent, options after a positive pregnancy test, healthcare, education, housing and more.
Email for a hard copy: publications@wclc.org.nz
Phone: Community Law Wellington and Hutt Valley – 04 499 2928
The Family Court website covers many topics discussed in this chapter, including how the family court works, care of children, adoption and paternity.
New Zealand Law Society
The Law Society has helpful information on what happens with children when parents separate.
Inland Revenue’s Child Support webpage has a wide range of forms and guides for parents and caregivers.
Aotearoa New Zealand Association of Supervised Contact Services (ANZASCS)
The ANZASCS website has information about supervised contact and lists contact details for approved providers of supervised contact services.
Alternative Dispute Resolution
There are many kinds of “alternative dispute resolution” that, depending on your personal situation, may be cheaper and more successful than going to the Family Court. These include counselling, mediation and negotiation. The following list is not exhaustive:
Oranga Tamariki/Ministry for Children
Oranga Tamariki’s website has information about the adoption process.
Department of Internal Affairs
The DIA website has information on how to obtain original birth certificates for adopted children.
Registering your child’s birth
The Smartstart website allows you to register your baby’s birth online.
The Manual contains over 1000 pages of easy-to-read legal info and comprehensive answers to common legal questions. From ACC to family law, health & disability, jobs, benefits & flats, Tāonga Māori, immigration and refugee law and much more, the Manual covers just about every area of community and personal life.
We’re a small team that relies on the generosity of all our supporters. You can make a one-off donation or become a supporter by sponsoring the Manual for a community organisation near you. Every contribution helps us to continue updating and improving our legal information, year after year.
Find the Answer to your Legal Question
