How to Pay or Receive Child Support Overseas?

Child Support is a financial provision to child/children under 18 years of age, for their education, health and other care expenses.

The child support is either agreed between both the parents and made into an enforceable agreement or let Child Support Agency, an organisation under Human Services Department, decides based on income of the parents and the direct care provided by each partner.

Again, I would like to stress that, every country has different rules and regulations regarding financial provisions arranged for a child and how the payment is made or received.

If you want the Australian Child Support Agency to assess the child support amount for your child care arrangements, you should be able to prove that the child has genuine relation with Australia.

 

How to Pay or Receive Child Support Overseas

 

How do you establish child’s genuine relationship with Australia?

 

  1. Prove that the child is residing in Australia at the time of application to Child Support Agency
  2. Or Prove that the child is an Australian citizen by birth
  3. Or the child generally resides in Australia
  4. Or one or both the parents of the child are Australian citizens / reside in Australia / residing in Australia at the time of application to Child Support Agency.

You must make a note here that not just the parents, but any other person / persons interested in your child’s welfare (such as grandparents, aunts, uncles) can apply to child support agency for child support assessment and enforcement in Australia.

I have done some groundwork to provide you, here, with valuable links and information regarding child support plus my experience in facilitating transnational financial maintenance settlements by working closely with family lawyers in Australia.

How do you pay/ receive child support overseas?

 

Getting back to opening of my post! How do you pay or receive child support for your child residing overseas or in Australia?

The first thing you should do is to register. Register the details of your child and the child support amount with the Australian Child Support Registrar and follow the payment or receipt methods recommended by the Child Support Agency.

If you are a party to receive child support from some other country into Australia, know that the child support amount is assessed and managed by the local jurisdiction of that country. It would be very easy to receive or pay child support to the country which has signed child support arrangement agreements with Australia and is recognised as Reciprocating Jurisdiction.

You are bankrupt. Do you still need to pay Child Support in Australia? Here’s the clip, that says YES! Check out:

 

The child support is payable from day one of its application. The Child Support Registrar acts as a remittance agency to pay and receive the child support.

Payment of Child Support Overseas

 

You pay the child support amount to the Child Support Registrar in Australia. The Registrar will intern remit the amount to the reciprocating country’s human services department for disbursing to the concerned party in that country.

The real-time value of the currency is decided by the remitting financial institution. In none of the cases the payment or receipt is done in advance. The remittance is done only on actual payment of child support amount.

Receiving child support from overseas

 

As I said earlier in this post, the child support is assessed and managed by the local government agency and Australian Human Services Department cannot do anything about it.

Having said that, the receipt will certainly take more time as the parent residing in the other country must make the payment first.

 

Receiving child support from overseas

 

 

The circumstances when child support liability arising or payable overseas can be cancelled

 

  1. If one or both the parents are not residing in Australia or its reciprocating jurisdiction country any more, the child support liability payable or receivable in Australia cease to exist.
  2. If both parents (that is, paying and receiving party) start residing in Australia, such an application for child support remittance to Australian Child Support Registrar, is cancelled.

Though The Hague Convention can be applied to facilitate child support payment and receipt among the member countries, it is difficult to have similar arrangements or enforcements done by countries outside Hague Convention.

Share your insights on this post.

International relationships, Children and Hague Convention

 

 

International relationships, Children and Hague Convention

The families, family laws, civil society, and psychological experts – all unanimously agree that as a nation and society we should not let children suffer due to their parents’ separation. When the whole family is going through a tough phase, saving children from the stress and uncertainty is not easy.

Emotional Assistance

There are child care experts, social workers and organisations to help the families during this period by lending emotional help and healing to the parents and children. This sensitivity shown towards children goes a long way in allowing children the time and space to accept and understand that their parents cannot stay together as individuals, but they will always be there around to help as parents. This realisation is important to raise a next gen that is free of bitterness and anger towards societal set up and their elders.

I always suggest the families to get a session or two with counsellors or attend workshops arranged for separating families. These workshops are conducted in almost every state in Australia and help the individuals to communicate, connect and ease the tension in the family due to their separation.

Laws and Legal Assistance

The judicial system too shows significant concern in ensuring the children are safe, and get both parent’s care. The family laws are quite stringent with regards to children and their care taker.

Despite, the best of efforts, children do suffer sometimes, by the unthoughtful and revengeful acts of parent.

When the parents are citizens of different countries, with their families and friends settled outside Australia, both wish to take children along with them to their comfort zones. However, removing a child or children out of a parent’s care, who has parenting orders from the court to other country is an offense. And you know what it is called in international family law circles? “Parental Child Abduction”!!

How harsh it sounds! That is how exactly the judicial system of any country, not just Australia, considers removal of child from one country to another by either of the parents. If you fear your child might be taken to other country, you can get detention order from the court. If your child is already taken out of the country, you must apply to Hague Convention with the help of a specialised family lawyer in international family laws.

You can seek emergency phone service of family courts even after business hours, when you want to seek detention orders from the court.

 

 

Hague Convention

 

 

Hague Convention

 

Hague Convention is an association of countries across the globe, to safeguard the interests and rights of the children. If any country is part of The Hague Convention, it must adhere to the family laws and children rights’ guidelines set by the Convention and aid in locating and handing-over the child to the authorised parent.

If your child is unfortunately, taken to a country which is not a signatory country to The Hague Convention, it becomes very difficult to get the child back to the parent. However, tragic it may sound, it is true and there are families who are going through this traumatic situation.

Hague Convention also deals with other family issues, other than child abduction;

  • Child support: The Hague Convention, seeks to create an up-to-date, competent and accessible global system for the recovery of inter country child support and other forms of family maintenance.
  • Adoption: Hague Convention, ensures to act in the best interests of child when intercountry adoptions are made and upholds the child’s fundamental rights in all circumstances.
  • Protection to adults and children from domestic violence and abuse

I’ll talk about these topics in my next post, some other day.

If you wish to make any comments on this post, please get in touch.

How International marriages end?

 

Ending of international Marriages

 

I came across this interesting divorce case of international marriage. In international relationships, the spouses can file the divorce application in any country they are connected to. Whether it is the country they are born in, the country they usually reside, the country where they married or the country where the properties are invested. As long as one or both the spouses have some kind of connection with a country, they can apply for divorce and settlements in that country.

This makes, the international divorce cases quite lengthy, and alarming. Since the international family laws vary from country to country, a spouse can appeal for divorce and settlements in the country where he/she has better chances of gaining more, in terms of child custody, property settlements etc.

Watch this out for details:

 

Here, a wife has filed the divorce case in Costa Rica and husband has filed the case in Australia.

The family courts see the relevance, practicality, jurisdiction and convenience to each spouse. On these grounds, the court of the country decides whether it should proceed with hearing the divorce case or not.

In the above case, the court found that Australian family court would not be an appropriate forum for this case and refused the application.

For the Australian courts to take up the divorce cases of marriages that have happened outside Australia, these below mentioned circumstances must hold good and have to be proven in the court.

  1. One or both the spouses are living in Australia
  2. One or both the spouses are Australian citizens
  3. One or both the spouses must be generally residing in Australia
  4. One or both the spouses consider Australia, their home and intend to live here indefinitely
  5. One or both the spouses must have lived in Australia at least one year immediately before filing the divorce case.

If anyone or more reasons are found to be true, the Australian courts can consider the divorce filing, irrespective of in which country marriage has taken place.

However simple the above pointer sound, it is hard sometimes to prove them in courts.

You may need a divorce lawyer who is trained in Australia international family law to guide you on what right you must file divorce application in that country.

It is advisable to know, which country makes swift divorce settlements. In Australia, the couple should have been separated for at least 12 months before filing for divorce and must prove it in court. If the couple cannot prove, the divorce case is refused by the court.

Along with divorce, the over the border marriage and divorce also need to sort properties out of Australia and child custody and parenting orders.

If a parent takes a child out of the country, without the other parent’s consent, it is a criminal offence. Such matters are brought to Hague Convention.

So, it’s not just two persons breaking out of their relationship, but a whole lot of other things that deal with other country’s rules and regulations.

Consult a divorce lawyer to understand your situation in terms of legal implications, before deciding where to file the divorce.