When the Payee Parent Lives Overseas in a Reciprocating Jurisdiction

Under the Child Support (Assessment) Act 1989 (Cth), an overseas payee parent (the parent entitled to receive child support) can apply for an administrative assessment of child support if they reside in a reciprocating jurisdiction.

Schedule 2 of the Child Support (Registration and Collection) Regulations 2018 (Cth) lists those countries that are reciprocating jurisdictions.

Section 25 of the Act sets out the circumstances when a parent may apply for an assessment of child support for a child. Section 25 (d) provides that a parent of a child who is not a resident of Australia on the day on which the application is made may apply to the Child Support Registrar for an administrative assessment of child support for the child provided the application meets the requirements of sections 29A and 29B.

Section 29A states that where a parent is not a resident of Australia on the day on which the application is made, the application will be taken to have been properly made if the Registrar determines that child support is reasonably likely to be payable by the parent and the parent is a resident of a reciprocating jurisdiction on the day on which the application is made.

Section 29B states that where an application for assessment of child support is made under section 25 or 25A by a person who is a resident of a reciprocating jurisdiction, the application can be made by either that person or by an overseas authority on behalf of that person. The regulations may prescribe actions the overseas authority may take on behalf of the person.

If a child maintenance liability, such as a court order, agreement, or assessment, was made in the reciprocating jurisdiction, the overseas parent may apply to have that agreement registered in Australia provided certain requirements are met. This registration allows Services Australia (Child Support) to collect and transfer child support payments to the overseas parent.

What if the Payee Parent Lives Overseas in a Non-Reciprocating Jurisdiction?

If the payee parent resides in a non-reciprocating jurisdiction but the child is an Australian citizen, an application for a child support assessment can still be made under the Child Support (Assessment) Act 1989 (Cth). The Act allows for an assessment if the child is either an Australian citizen or ordinarily resident in Australia. Therefore, the citizenship of the child provides a basis for the assessment, even if the payee parent resides in a non-reciprocating jurisdiction.

Where the payee parent lives in a non-reciprocating jurisdiction they can apply directly to Services Australia for an assessment. They can do this if the other parent is an Australian resident, and the child:

• is in Australia on the day you apply for the assessment;

• normally resides in Australia; and

• is an Australian citizen.

The application can be made directly to Services Australia by:

• using their International application for child support assessment form; and

• calling one of their Child Support international lines.

Be aware, however, that in such cases the payee parent may face challenges in enforcing the child support order due to the lack of a reciprocal agreement. However, the Australian legal system can still process the assessment based on the child’s citizenship status.

For more information, you can visit the Services Australia’s information page on their website: “Child support when parents and children live outside Australia“. The Services Australia website also includes direct links to the relevant forms to apply for an assessment.

The best family lawyers and divorce lawyers in Sydney are well-versed in the above family law and international child support principles. At Gramelis Attorneys, we’re experienced at handling complex divorce and family law property and parenting matters, including child support disputes, so feel free to give us a call today to speak with one of our friendly and experienced lawyers on how we can help, and arrange a consultation at one of our convenient locations across Sydney, including Bankstown, Double Bay, Bondi Junction and the Sydney CBD.

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