If one parent lives or is intending to move overseas, the CSA may still be able to collect and transfer child support payments for the benefit of your children.
Australia has special arrangements for child support with a number of countries, known as reciprocating jurisdictions. Where one parent lives in a reciprocating jurisdiction, the CSAwork with them or where possible the relevant country to set up child support payments.
The CSA has a relationship with reciprocating jurisdictions depends on international arrangements and how child support is administered in each country. For example, some reciprocating jurisdictions can only recognise court-ordered child support liabilities.
The CSA can work to help separated parents set up child support arrangements for their children when one parent lives overseas. The CSA can assess child support payments for parents, or assist parents to make child support payments to another country.
A separated parent who is a resident of Australia can apply to the CSA for a child support assessment if the other parent is a resident of Australia or a reciprocating jurisdiction other than an excluded jurisdiction.
In some circumstances a person who is living in a non-reciprocating jurisdiction may still be a resident of Australia for the purpose of child support.
The CSA will decide whether a person is a resident of Australia or another country based on information from both parties and other Australian government departments such as the Australian Taxation Office and the Department of Immigration and Citizenship.
Information that can assist the CSA in making a decision about a person’s residency includes:
- sources of income
- location of assets and property
- reasons for leaving Australia, and
- time spent overseas.
This article provides basic information only and is not a substitute for legal or other professional advice. If you are likely to be involved in court proceedings or legal action, you should get advice from a lawyer.
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