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.

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 section 11

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 section 4(1) and section 18A, CSRC Regs section 11):

  • 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 a 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 section 4(1) and section 18A, CSRC Regs section 11):

  • 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 registering overseas maintenance liabilities for collection, as well as processes for overseas maintenance liabilities that are not registrable.

Last reviewed: