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.

1.5.3.30 Overseas maintenance liabilities that cannot be registered

Context

An overseas authority (1.1.O.30) may send the Registrar a provisional overseas maintenance order made in a court of their jurisdiction.

Authorities in the United States of America may also send the Registrar a United States petition (US petition). The Registrar cannot register a provisional order or a US petition until it is confirmed by an Australian court.

On this page

  • Provisional overseas maintenance order
  • US petitions

Provisional overseas maintenance order

An overseas authority may send the Registrar a provisional overseas maintenance order made in a court of their jurisdiction. The Registrar can only register a provisional overseas order if an Australian court confirms it. However, an Australian court cannot confirm a provisional order if an application for a child support assessment (1.1.C.70) could properly be made.

If the Registrar is satisfied that an application for a child support assessment could properly be made, it will return the provisional order to the sending overseas authority. The Registrar will advise the overseas authority that it can accept:

  • a request to register a final order made overseas
  • a request to register an overseas maintenance assessment, or
  • an application for a child support assessment.

If the Registrar is satisfied that an application for a child support assessment could not be properly made in relation to the case, it will refer a copy of the provisional order to the Attorney-General's Department. The Attorney-General's Department is responsible for making an application to an Australian court to have the provisional order confirmed. The Attorney-General's Department must serve a copy of the application upon the parent (1.1.P.10) in Australia (who is the respondent to the application). The respondent can oppose the application. The Registrar can register the confirmed provisional order, including any modifications that the Australian court may make.

Act reference: FL Regs regulation 24A Definition of Division 2, regulation 25 Reciprocating jurisdiction, regulation 28 Dealing with provisional overseas maintenance orders, 28A Hearings about applications …, regulation 28B(3) Making of orders about provisional overseas maintenance orders

CSRC Act section 17 Liabilities in relation to children that are registrable maintenance liabilities

US petitions

A US petition is not a registrable overseas maintenance liability (1.1.O.40). It is a petition (or application) for a support order filed in a court of a State or Territory of the United States of America. The Attorney-General's Department can make an application to an Australian court for a maintenance order in accordance with the terms set out in a US petition. However, a court in Australia cannot make an order on a US petition if an application for a child support assessment could properly be made.

If the Attorney-General's Department receives a US petition for parties who appear to be eligible for a child support assessment, it will refer the matter to the Registrar. The Registrar will advise the overseas authority that it can accept:

  • a request to register a final order made overseas
  • a request to register an overseas maintenance assessment, or
  • an application for a child support assessment.

Act reference: FL Regs regulation 28C Dealing with United States petitions, regulation 28D Hearing of applications based on United States petitions, regulation 28E Effect of orders about United States petition

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