3.6.1 Registrable Overseas Maintenance Liabilities

Context

The Registrar can register overseas maintenance liabilities arising in a reciprocating jurisdiction (1.5.1) for collection, in the same way that Australian court orders and child support assessments can be registered.

Act references

CSRC Act section 4, section 18A

CSRC Regs regulation 4A

Types of registrable overseas maintenance liabilities

The Registrar can register certain overseas child maintenance liabilities and spousal maintenance liabilities for collection.

The following are registrable overseas maintenance liabilities for a child (CSRC Act sections 4(1) and 18A, CSRC Regs regulation 4A):

  • a maintenance order made by a judicial authority of a reciprocating jurisdiction (1.5.1) requiring a person to pay a periodic amount for the maintenance of their child or step-child,
  • a maintenance agreement registered by a judicial or administrative authority of a reciprocating jurisdiction requiring a person to pay a periodic amount for the maintenance of their child or step-child,
  • a maintenance assessment issued by an administrative authority of a reciprocating jurisdiction requiring a parent or step-parent to pay a periodic amount of maintenance for a child,
  • an agency reimbursement liability (i.e. an amount that an overseas authority has paid to the carer for which it seeks reimbursement from the other parent),
  • a penalty for late payment or incorrect estimate payable by a liable parent under New Zealand laws, and
  • arrears of periodic amounts of child maintenance payable under an overseas maintenance order, registered maintenance agreement, maintenance assessment or agency reimbursement liability.

The following are registrable overseas maintenance liabilities for a spouse (CSRC Act sections 4(1) and 18A, CSRC Regs regulation 4A):

  • a maintenance order made by a judicial authority of a reciprocating jurisdiction (1.5.1) requiring a person to pay a periodic amount for the maintenance of the person to whom they are or were married,
  • a maintenance agreement registered by a judicial or administrative authority of a reciprocating jurisdiction requiring a person to pay a periodic amount for the maintenance of the person to whom they are or were married,
  • a maintenance assessment issued by an administrative authority of a reciprocating jurisdiction requiring a person to pay a periodic amount for the maintenance of the person to whom they are or were married, and
  • arrears of periodic amounts of spousal maintenance payable under an overseas maintenance order, registered maintenance agreement, or maintenance assessment.

See 3.6.2 for information about non-periodic amounts.

Last reviewed: 20 September 2017