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Can overseas child support liabilities be recovered in Australia?

In Australia, you can apply to register child support liabilities that have arisen under an order made by, or registered in, a court of reciprocating jurisdiction.
The list of reciprocating jurisdictions includes countries such as the US, the UK, India and Singapore.
A full list of all reciprocating jurisdictions is available here.
Either the parent who is liable to pay child support or the parent who is eligible to receive child support can apply to have that liability registered in Australia.
In such cases, the Australian Child Support Registrar’s role will be limited to collecting amounts payable under any liability raised overseas. The overseas authority will continue to administer the assessment.
If a liability is registered in Australia it will become enforceable on the day on which the Registrar receives the application and can include arrears that have accrued as a result of a previously assessed periodic liability.
Once registered, the overseas child support liability can be terminated in the following circumstances:
• In the event that the Registrar accepts an application for a child support assessment, and both parties are living in Australia, then the previously registered overseas maintenance liability will cease to have effect pursuant to section 152 (2) of the Child Support Assessment Act; or
• If both payee and payer of the registered child support liability stop living in Australia the liability will be terminated; or
• If the payee or payer ceases to be a resident of either Australia or a reciprocating jurisdiction, the liability will end from the date the party ceased being a resident.
If the liability is terminated, it will cease to be enforceable in Australia. However, that liability may continue in the country where it arose.
Please do not hesitate to contact Nicholes Family Lawyers for expert advice in relation to foreign or domestic child support matters.

By Nicholes Family Lawyers

 

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