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Overseas Child Support

Overseas Child Support

Overseas child maintenance orders from reciprocating jurisdictions can be registered in Australia under the Child Support (Registration and Collection) Act 1988.

Where the receiving parent is the resident of a reciprocating jurisdiction, an application for either an Australian child support assessment, or the recognition and enforcement of an overseas maintenance liability must come through the relevant overseas authority.

The receiving parent, or non-parent carer, living in Australia can make an application to the Department of Human Services to register an overseas child support order, assessment or agreement from a reciprocating jurisdiction when the paying parent is living in Australia or overseas in a country listed as a reciprocating jurisdiction.

Parents or a non-parent carer who is a resident of non-reciprocating jurisdictions may apply directly to the Department of Human Services if the child is an Australian resident or citizen.

The Department of Human Services can also register an overseas child support order, assessment or agreement from a reciprocating jurisdiction when the receiving parent, or non-parent carer, lives overseas and the paying parent lives in Australia when an overseas authority applies on behalf of the receiving parent, or non-parent carer, for recognition and enforcement of the order, assessment or agreement.

The Department of Human Services can help collect regular payments from a paying parent who is overseas. The Department of Human Services can forward a Child Support assessment to the reciprocating jurisdiction for recognition and enforcement.

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Disclaimer: The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute a solicitor-client relationship between any readers and Swan Lawyers. A solicitor-client relationship is created only when this firm agrees to represent someone and a written engagement agreement or engagement letter is signed by both the client and solicitor. In all cases, the reader should consult his or her own solicitor for advice. The information in this blog is based on Australian law.