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 do you establish child’s genuine relationship with Australia?
- Prove that the child is residing in Australia at the time of application to Child Support Agency
- Or Prove that the child is an Australian citizen by birth
- Or the child generally resides in Australia
- 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.
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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.
The circumstances when child support liability arising or payable overseas can be cancelled
- 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.
- 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.
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