Are you or the other parent living overseas, and are you having difficulty organising child support?
1. Is the overseas parent in a reciprocating jurisdiction? Only some countries have agreed to co-operate with international child support obligations.
2. If yes, and the paying parent lives in Australia:
a. the overseas parent will need to work with their own government body to produce a child support liability;
b. That liability will then be forwarded to the Child Support Agency in Australia;
c. The Child Support Agency will then verify the paying parent lives in Australia and then take steps to register the liability;
d. Once registered, an overseas child support liability becomes enforceable in Australia, similar to the usual child support assessment process;
e. The paying parent can apply to the court to vary the liability.
3. If yes, and the paying parent lives overseas:
a. The usual process applies, where an application for child support assessment is made to the Child Support Agency in Australia to produce a child support liability;
b. The process can take longer as the child support liability is then sent to the overseas country for registration;
c. Once registered, the child support payments collected overseas are forwarded to the Child Support Agency and then disbursed in Australia;
d. Liabilities arising from court orders can be varied by those courts; and liabilities arising from the Child Support Agency assessment can be varied in the usual way.
If you require some assistance with international child support, contact Baker Love Lawyers (02) 4944 3322.