The International Reach of the Australian Child Support System
Most people will be broadly familiar with the idea of child support and its operation managed by the Child Support Agency (“CSA”) within Australia.
However, the Australian child support system connects with other countries in a number of different ways and so has a reach beyond Australia.
The CSA relationship with other countries operates in two directions. Firstly, it is possible for child support assessed in Australia to be collected from a liable parent in another country (“outbound” child support). Secondly, it is possible for child support to be collected from a liable parent in Australia where the carer parent is in a foreign country and obtains a child support assessment or Court order for child maintenance in that other country (“inbound” child support).
In an inbound child support situation, the amount of the child support may either be determined in the foreign country, leaving only the collection to be dealt with in Australia, or, the determination of the amount of child support and the collection can both be dealt with in Australia by the CSA.
Although the Australian child support system has this international reach, the coverage is not global and only connects with countries with which there is an agreement. These countries are referred to as “reciprocating jurisdictions”. The current list of reciprocating jurisdictions is set out in Schedule 2 of the Child Support (Registration and Collection) (Overseas – Related Maintenance Obligations) Regulations 2000 (Cth). ScalePlus Law Resource
If the relevant foreign country is not a reciprocating jurisdiction, then what is known as a “terminating event” arises. The effect of this is that the entire child support system ceases to apply. For example, if both parents have been living in Australia and an Australian child support assessment is in place but the liable parent then moves to a country which is not a reciprocating jurisdiction, then the existing child support assessment will come to an end.
Although the child support system may cease to apply, the caring parent is not left entirely without remedy. In certain circumstances an application to Court may be open for child maintenance with the object of then seeking to enforce the order in the foreign country or against assets owned by the liable parent in Australia. Child maintenance was largely superseded when the child support system was introduced in the late 1980s. The significant difference between child support and child maintenance is that child maintenance is determined by Courts and child support is dealt with administratively by assessment by the CSA.
Perhaps the important point to appreciate in relation to the international aspects of child support is that the system is not limited to a particular country. There can often be options available, which allow child support to span several countries.
November 2003
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