district court logo

Commissioner of Inland Revenue v Nicholson [2020] NZFC 5895

Published 21 October 2021

Examination as to means — child support arrears — penalties, interest and core debt — repayment plan — Child Support Act 1991, s 195(b). This was a summons to examine the means of the respondent to pay outstanding child support. The respondent had failed to make payments, which accumulated to the amount of $130,034.39, comprising penalties, interest and core debt. The respondent ran his own business but the income from this was minimal. A compromise was reached for the respondent to pay a sum of $25,000 in satisfaction of the whole amount owing, for which the respondent had to borrow money on a 3-year repayment plan with high interest. The Judge noted that s 195(b) of the Child Support Act gave a court power to write off or suspend arrears. The Judge considered it appropriate to write off the remaining $105,034.39, provided that the cheque for $25,000 was paid to the Commissioner of Inland Revenue on the date of judgment. Judgment Date: 21 July 2020.