Child Support - International Perspective
After separation one of the most important considerations for parents is the ongoing financial and emotional support of their children.
Financial support is not limited to day-to-day living expenses but may also include assistance for extra-curricular activities, education, private health insurance, childcare etc.
Child support can be resolved in a number of ways including by informal agreement or by agreement registered with the Child Support Agency.
As the make-up of a ‘traditional’ family changes and people become more transient, child support has inevitably become an international issue.
A Child Support Agency driven arrangement can apply when the child/ren live with a parent in Australia or when the child lives with a parent in a reciprocating jurisdiction.
The Child Support Agency can accept an application for child support or register an agreement where the payer is a resident of Australia on the day the application is made or the payer is in a reciprocating jurisdiction.
A person is a 'resident of Australia' for the purposes of the Assessment Act if they are a resident of Australia for the purposes of the Income Tax Assessment Act 1936 (section 10).
In the event that a liable parent does not meet the jurisdictional requirements of the Child Support Agency (ie resides in a non-reciprocating country) a parent based in Australia may seek a court order detailing an ongoing maintenance liability. Such an order may be enforceable in many overseas jurisdictions.
To find out more, please contact our Family Law team.
Financial support is not limited to day-to-day living expenses but may also include assistance for extra-curricular activities, education, private health insurance, childcare etc.
Child support can be resolved in a number of ways including by informal agreement or by agreement registered with the Child Support Agency.
International obligations
As the make-up of a ‘traditional’ family changes and people become more transient, child support has inevitably become an international issue.
A Child Support Agency driven arrangement can apply when the child/ren live with a parent in Australia or when the child lives with a parent in a reciprocating jurisdiction.
The Child Support Agency can accept an application for child support or register an agreement where the payer is a resident of Australia on the day the application is made or the payer is in a reciprocating jurisdiction.
A person is a 'resident of Australia' for the purposes of the Assessment Act if they are a resident of Australia for the purposes of the Income Tax Assessment Act 1936 (section 10).
In the event that a liable parent does not meet the jurisdictional requirements of the Child Support Agency (ie resides in a non-reciprocating country) a parent based in Australia may seek a court order detailing an ongoing maintenance liability. Such an order may be enforceable in many overseas jurisdictions.
To find out more, please contact our Family Law team.