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Enforcing Child Support payments when paying parent lives overseas

The Australian Child Support Agency is able to collect regular child support payments in particular circumstances, even when the paying parent lives overseas.

This arrangement is most effective when the paying parent agrees to make the payments voluntarily however, if the paying parent refuses and lives in a country listed as a reciprocating jurisdiction to Australia such as the United States of America then the Australian Child Support Agency can intervene.

In these circumstances the Australian Child Support Agency can forward the child support assessment to the country where the paying parent lives for recognition and enforcement.

Once the assessment is forwarded overseas the Australian Child Support Agency is not responsible for the collection process and is instead reliant on the cooperation of the overseas authorities to collect the child support payments on their behalf.

Child support schemes can vary considerably between different overseas countries depending on whether the system is administratively based or Court based. In certain countries the powers available in Australia such as salary deduction are not an option. In countries where there is a Court based child support system the debt is often required to be recognised by the Court before it can be enforced which can delay the process and receipt of payments and cost significant funds in further Court litigation.

If the Australian Child Support Agency is not successful in having the Australian child support assessment recognised and enforced in the overseas country, it may be possible for that country to establish its own liability to be enforced.

If you have enquires regarding enforcement of child support payments it is important to contact the Child Support Agency or a family lawyer. Nicholes Family Lawyers are highly skilled and knowledgeable in all types of child support matters including enforcement in overseas jurisdictions.

 

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