The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.O.40 Overseas maintenance liability

Definition

An overseas maintenance liability is a liability arising from a reciprocating jurisdiction (1.1.R.10).

An overseas maintenance liability can be a:

  • maintenance order (made by a judicial authority of a reciprocating jurisdiction)
  • maintenance agreement (registered by a judicial or administrative authority of a reciprocating jurisdiction)
  • maintenance assessment (made by an administrative authority of a reciprocating jurisdiction).

Certain types of overseas maintenance liabilities are able be registered and enforced under the CSRC Act (registrable overseas maintenance liabilities). These include overseas maintenance liabilities that provide for:

  • a parent (1.1.P.10) or step-parent to pay maintenance for a child
  • a party to a marriage to pay spousal maintenance
  • recovery of amounts from a payer (1.1.P.40) where an overseas authority (1.1.O.30) has paid an amount for the maintenance of the child (agency reimbursement liability (1.1.A.60))
  • an amount in arrears (1.1.A.100) in relation to the above liabilities.

Act reference: CSA Act section 152 Court order etc …

CSRC Act section 4(1)-‘overseas maintenance liability’, section 18A Liability in relation to …, section 25 Application for registration …, section 28 Day on which liability …, 30AA Rule to avoid dual liabilities

CSRC Regs section 11 Registrable overseas maintenance liability …

Policy reference: CS Guide 1.5.3 Overseas orders, court registered agreements & assessments, 1.1.R.10 Reciprocating jurisdiction, 1.1.S.50 Spousal maintenance order

Last reviewed: