How Child Support is paid or recovered overseas?
The parent, who is either liable to pay child support or receive child support must register with the Australian Child Support Registrar to get/pay the child support arising overseas, in Australia. In such cases, where the child support is to be received from an overseas parent, it should have been assessed, managed, ruled and registered in Reciprocating Jurisdiction.
Reciprocating Jurisdiction countries are those who have child support arrangement agreements with Australia.
The Australian Child Support Registrar acts as a remittance medium to pay/ receive child support in Australia. The child support is payable from the day the Registrar receives the application. It can also include the previous arrears.
The Australian court’s order regarding child support can also be submitted to the Registrar.
However, the child support registrar is limited to ensure child support payable only in a reciprocating jurisdiction.
How is child support collected from a paying parent residing overseas?
Some delay is certain in collecting the child support from an overseas parent even though he/she is voluntarily contributing the child support. In case, the parent is not willing to pay the child support, the Department of Human Services of Australia forwards the child support assessment documents to the reciprocating jurisdiction country. However, it must be noted that it depends on the country’s jurisdiction on how it deals with the child support and whether it enforces the same child support assessment on the parent.
How is the child support given to a receiving parent residing overseas?
The collected child support in Australia is remitted to the receiving parent in overseas. Advance payment is not done in any case and the currency in which the child support is remitted is decided by the financial institution.
How is a child support liability enforced in Australia?
Any assessment or agreement of child support made overseas can be registered in Australia if the country is in reciprocating jurisdiction list of Australia. Generally, any changes made, therein, to the child support arrangement is in accordance with that country’s jurisdiction.
Circumstances where a child support liability can be called off:
1. The submitted child support liability application can be terminated if both the parents are living in Australia.
2. Like the above condition, if both the parents are not residing in Australia, the application stands void and non-applicable.
3. If either or both the parents, no more reside either in Australia or the reciprocating jurisdiction, the liability ceases to exist.
A family lawyer’s assistance can be obtained to understand the process and to arrange the necessary documents to submit to the Child Support Registrar.