Child support systems vary between countries. Where payments can be established, there are sometimes lengthy delays before parents living in Australia receive child support payments.

The type of assistance the Department of Human Services offer differs depending on your individual circumstances. Where one parent lives overseas, either parent may be able to:

• apply for an Australian child support assessment
• register a maintenance order, assessment or agreement from another country for collection in Australia if the order, assessment or agreement was established in a country listed as areciprocating jurisdiction for Australia
• obtain an Australian court order requiring the other parent to pay child support. An Australian court order can be registered with us for collection. However, collection options are often limited where a paying parent lives overseas, especially if the parent lives in a country that is not listed as a reciprocating jurisdiction for Australia

Making an application from overseas

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.

A payer or non-parent carer who is a resident of a reciprocating jurisdiction may apply directly to the department or through the relevant overseas authority.

Parents or a non-parent carer who is a resident of non-reciprocating jurisdictions may apply directly to the department, subject to the children meeting certain residency criteria.

Enforcing an Australian child support assessment overseas

When the paying parent is overseas

The Department may be able to help collect regular payments from a paying parent who is overseas. This works best when the overseas parent agrees to pay voluntarily. You should be aware that even when the other parent agrees to pay you child support, there is often a considerable delay in receiving your payment.

If the Department can’t set up a voluntary arrangement and the paying parent is living in a country that is listed as a reciprocating jurisdiction for Australia, the Department may forward your assessment to the reciprocating jurisdiction for recognition and enforcement. The success of this depends on the country involved.

Some countries require child support debts to be recognised through their court system before they’re enforced.

In some cases the Department may not be successful in having an Australian child support assessment recognised in a reciprocating jurisdiction. In this instance, it may be possible for the overseas jurisdiction to establish its own liability, which can then be enforced.

If an assessment is forwarded overseas for collection, the Department have no control over the collection process and rely on the cooperation of overseas authorities to collect child support payments on it’s behalf.

Child support schemes vary considerably in different overseas countries due to a range of factors including whether they are court or administratively based, the infrastructure and legislative powers. Many of the collection powers available in Australia, such as salary deductions, may not be available in other countries. In many countries court enforcement is the only option. Accordingly the timeframes and outcomes may vary.

If the Department know the current contact details of the overseas paying parent our ability to set up a voluntary arrangement is improved. If the Department can’t locate the paying parent, they will take steps to find them, but it can be a difficult process. It relies on information you supply as the receiving parent as well as the cooperation and resources of the overseas authority. The ability of the overseas authority to assist with locating paying parents may be limited. If the Department can’t locate the paying parent, they may not be able to take any further action.

When the receiving parent is overseas

The Department are only able to send an overseas receiving parent money they collect and they do not make payments in advance. After collection, the money is paid internationally once a month. They cannot deposit funds directly in to your international bank account. They can only issue payments by cheque.

There are additional disbursement options available for overseas receiving parents in terms of the timing of the disbursements.

Funds are not issued in Australian dollars (AUD). The payment currency is determined by the financial institution and the Department have no control over this. They are unable to disburse funds less than AUD 50 as they attract additional bank fees for both parents. The only exception is when the case has ended and the final payment is less than AUD 50.

Enforcing an overseas liability in Australia

In some cases the Department can register a child support order, assessment or agreement that was made outside Australia. They can only register those made in a country that is listed as a reciprocating jurisdiction for Australia.

The Department may be able to register your overseas child support order, assessment or agreement when:

• the receiving parent, or non-parent carer, lives overseas and the paying parent lives in Australia and 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 receive an application to register the overseas child support order, assessment or agreement from a:
  • receiving parent, or non-parent carer, living in Australia
  • paying parent living in Australia or overseas in a country listed as a reciprocating jurisdiction

Any changes generally need to be made by the relevant court or authority in the overseas jurisdiction. Rules and arrangements differ depending on which jurisdiction in which the liability was made.

In some cases an overseas child support order, assessment or agreement may be changed by an Australian court.