Registration of overseas maintenance liabilities (excluding New Zealand) 277-08020000

This step is performed by the Scanning and Digitalisation Team.

Child Support may receive an application from:

• a payee. This may include a child entitled to receive child support
• a payer
• a payee or payer’s representative
• an overseas authority:
• in their own right, or
• on behalf of a payee or payer

If the application is received from:

• a payee, a payer or a representative of a payee or payer, record the applicant in Cuba as the payee or the payer
• an overseas authority, record the applicant’s details in the name and residential field in Cuba. The postal address is the address for the overseas authority. See Central Authority Address Listing for Child Support International customers

For applications from a representative or an overseas authority, check the details carefully. Some applications from overseas third parties acting as a representative may incorrectly appear to be from an overseas authority.

If the application is in a language other than English, check if it has been translated. If there is:

• a translation, go to Step 2
• no translation, go to Table 4, Step 1

This step is performed by the Scanning and Digitalisation Team.

Before creating a record for the applicant, search Cuba for any existing records for the customer using:

• any case number provided by the customer
• any reference numbers (TFN, CRN, or CSRN) provided by the customer. Note: TFN can be located from an ICP search using the customers details
• the customer's current and previous names (including maiden names) but not middle names
• the customer's first name and a surname of unknown (this may identify customers who were children in a previous case)
• the customer’s date of birth

If a record:

• exists in Cuba, do not create a new one. Update any details that have changed. See Customer record Cuba Process Help
• does not exist, create a new customer record. See Customer record Cuba Process Help

If the overseas authority is making the application on behalf of a payee and not simply giving Child Support an application made by the payee:

• record the overseas authority address as payee’s postal address
• see Central Authorities address details for the address if not able to find the address on the application

Record the details of the application in the Communication window. Create a Court Order Received/AGR Received intray and route to:

• Region: INTERNATIONAL
• Office: INTERNATIONAL HOBART
• Stream/Team: NC G001 INTNC HOB TM1
• Position: A OVERSEAS COURT ORDERS

Procedure ends here for the Scanning and Digitalisation Team.

Before creating a record for the other party, search Cuba for any existing records using:

• any case number provided by the customer
• any reference numbers (TFN, CRN, or CSRN) provided by the customer. Staff can find a TFN from a search of AIS or ICP using the customer's details
• the customer's current and previous names (including maiden names) but not middle names
• the customer's first name and a surname of unknown (this may identify customers who were children in a previous case)
• the customer’s date of birth

Note: if the customer does not have an existing record in Cuba, to request data from the ATO, complete the initial search through Cuba. See Legal notice for Child Support access to Australian Taxation Office (ATO) data and systems.

In Cuba, if the other party is:

• recorded, do not create a new customer record. Update any details that have changed. See Customer record Cuba Process Help.
• not recorded create a new customer record

Lock the payer and payee. See Transfer or lock a customer Cuba Process Help.

If the children to the case are not already recorded in Cuba:

• create a new record for each relevant child
• see Customer record Cuba Process Help

For spousal-only maintenance orders, do not create records for children. Cuba will automatically add the payee to the case as a child.

For orders where the payee is the child:

• create a duplicate record for the child
• record in the Profile window, why the duplicated record has been made. E.g.:
  'CSRN: xxxx is the payee but the child has made application. The record is not to be used in any other case. CSRN: xxx is the actual child in the case'

Note: children’s records created pre-Cuba may have:

• the payee’s or payer’s surname, or
• ‘unknown’ as their surname

If an existing record is located for either payer or payee, use all options to search for the children.

To determine if the applicant is permitted to make an application while residing in their current jurisdiction:

• staff must make a residency decision for the applicant
• see Residency decisions for Child Support customers

If the application has documents written in a language other than English, check if they have been translated.

Is a translation required?

• Yes, see Translation of documents
• No, go to Step 2

• An overseas authority, go to Step 3
• Authorised agent of a payee or payer, go to Step 5
• Representative with ordinary authority to act for a payee or payer, go to Step 6
• Payee, go to Step 8
• Payer, go to Step 16

An overseas authority of a reciprocating jurisdiction can:

• forward an application made by a payee or a payer residing in their jurisdiction:
• In some cases a payee application must be given to Child Support by an overseas authority rather than sent directly by the payee
• make an application on behalf of a payee residing in their jurisdiction:
• In Cuba, use the authority’s address where it's requested that disbursement of maintenance go directly to the overseas authority
• make an application in their own right for registration of an agency reimbursement liability:
• Where the overseas authority is seeking reimbursement from the other parent for money they have already paid to the carer
• The overseas authority is the payee in this circumstance

See References for a link to the Child Support Guide 1.5.1: Australia’s international maintenance arrangement and a list of reciprocating jurisdictions.

Identifying a designated overseas authority

Identify the designated overseas authority or authorities for the reciprocating jurisdiction in which the payee, carer (an agency reimbursement liability) or payer resides. See Central Authority Address Listing for International customers.

Some overseas organisations may appear to be an overseas authority, but they are not. E.g.:

• legal organisations
• community organisations

These organisations may be acting as a representative of the applicant.

Staff need to contact a Service Support Officer when:

• the application is received from an organisation not listed in the Central Authority Address Listing for International customers, and
• they think the organisation may be an overseas authority

Has the application come from an overseas authority of a reciprocating jurisdiction?

• Yes, go to Step 4
• No, it was sent by:
• an authorised agent of a payee or payer, go to Step 5
• a representative with ordinary authority of a payee or payer, go to Step 7

If the payee or payer applicant is a resident of a reciprocating jurisdiction:

• the other party must be a resident of Australia, and
• staff must make a residency decision for the other party confirming this

See Residency decisions for Child Support customers.

If the other party resides in Australia, see Table 5.

If they do not reside in Australia, the application is not properly made.

• Send a unique letter that:
• tells that the application has been refused because the other party does not reside in Australia
• includes objection rights
• Send an additional letter to the authority if the applicant’s address is being used in Cuba. The letter must include:
• details of the decision, and
• a copy of the applicant’s refusal letter

Procedure ends here.

An authorised agent must provide a written document to Child Support conferring a power of attorney to act on behalf of a:

• payee (which may be a child entitled to receive child support)
• payer

The power of attorney can be a:

• general power of attorney
• a power of attorney to specifically act for maintenance purposes

An authorised agent can:

• make an application on a person’s behalf
• forward an application made by a payee or payer to Child Support on the payee or payer’s behalf

Record the representative details in Cuba. See Customer representative Cuba Process Help

Is the representative an authorised agent?

• Yes, and the applications has been made by the:
• payee’s authorised agent, go to Step 8
• payer’s authorised agent, go to Step 16
• No, they may be a representative with ordinary authority, go to Step 7

A representative with ordinary authority is limited in what they can do for the payee or payer. They:

• can forward an application made by a payee or payer to Child Support, on the payee or payer’s behalf
• cannot make an application on a payee or payer’s behalf

Was the application made by the payee or payer and sent to Child Support by the representative?

• Yes, made by the:
• payee, go to Step 8
• payer, go to Step 16
• No, go to Step 7

Contact the payee or payer, if a phone number is available.

If contact is successful:

• confirm receipt of application from their representative
• tell them Child Support cannot accept the application made by the representative
• Child Support can take a verbal application from them now

If contact is unsuccessful:

• send the payee or payer a unique letter. Tell them that their representative cannot make an application to register an overseas maintenance liability on their behalf
• if writing to a:
• payer, explain they may make their own application, which either they or their authorised representative may send to Child Support or via their overseas authority
• payee and the overseas liability is a court order, explain they may make their own application, which either they or their authorised representative may send to Child Support or via their overseas authority
• payee and the overseas liability is an agreement or an assessment, explain they may make their own application which must be sent to Child Support via their overseas authority
• Include objection rights

Procedure ends here

Check the residency decisions made for the payee. See Residency decisions for Child Support customers

Is the payee a resident of Australia?

• Yes, go to Step 9
• No, they are a resident of a:
• reciprocating jurisdiction. See References for a link to the Child Support Guide 1.6.3: Resident of reciprocating jurisdiction. Go to Step 10
• non-reciprocating jurisdiction. See References for a link to the Child Support Guide 1.5.1: Australia's international maintenance arrangements. Go to Step 15

• The payee can make an application directly to Child Support if they are a resident of Australia
• See Table 5

If the payee is a resident of a reciprocating jurisdiction, the payer must be a resident of Australia.

Make a residency decision for the payer. See Residency decisions for Child Support customers.

Does the payer reside in Australia?

• Yes, go to Step 11
• No, application is not properly made:
• Send a unique letter to the payee. Explain that their application is refused, because the payer does not reside in Australia. Include objection rights
• Send an additional letter to the authority of the applicant’s address is being used in Cuba. The letter must include details of the decision, and a copy of the above applicant’s refusal letter
• Procedure ends here

There are different rules for overseas:

• agreements
• administrative assessments, and
• court orders

Consider the type of liability in the application.

If the overseas liability is:

• an agreement or assessment, go to Step 12
• a court order, go to Step 13

• The application has not been properly made. This is because it has come directly from the payee or their authorised agent
• The application must be given to Child Support by an overseas authority
• Contact the payee or the authorised agent. Tell them the application cannot be accepted:
• They need to contact the overseas authority in their jurisdiction
• Check the Central Authority Address Listing. If the contact details for the overseas authority are not available, seek help from a Service Support Officer (SSO)
• Record any discussions with the payee in the Communication window. See Documentation Cuba Process Help
• Send a unique letter to the payee or the authorised agent:
• Telling them their application has been refused because it was not sent via their overseas maintenance authority
• Include objection rights

Procedure ends here.

Check if the court order has been made in a court of the reciprocating jurisdiction in which the payee currently resides.

If it has the application is properly made, see Table 5.

If it has not, go to Step 14.

Has the court order, made in a different reciprocating jurisdiction, been registered in a court of the jurisdiction in which the payee currently resides?

• Yes, the application is properly made, see Table 5
• No, the application has not been properly made

Contact the payee or their authorised agent to tell them:

• their direct application cannot be accepted, as the order is not registered in a court in their jurisdiction
• the application must be sent via or by the overseas maintenance authority in the jurisdiction in which the payee reside
• they need to contact the overseas authority in their jurisdiction

Check the Central Authority Address Listing, if the contact details for the overseas authority are not available, get help from an SSO

• Send a unique letter to the payee or their authorised agent:
• tell them that their direct application has been refused, and
• include objection rights
• Record any discussions with the payee in the Communication window. See Contact with Child Support customers

The application has not been properly made and cannot be accepted:

• contact the payee or their authorised agent and tell them:
• their application cannot be accepted
• if all eligibility requirements are met, they can make an application for an administrative assessment directly to Child Support. See Applications for a child support assessment
• send a unique letter to the payee or their authorised agent telling them:
• their application has been refused, because the payee does not reside in a reciprocating jurisdiction
• if all eligibility requirements are met, they can make an application for an administrative assessment directly to Child Support
• their objection rights

Procedure ends here.

Check the residency decision made for the payer. See:

• Residency decisions for Child Support customers
• References for a link to the Child Support Guide 1.5.1: Australia's international maintenance arrangements. This lists the reciprocating jurisdictions

If the payer is a resident of:

• a non-reciprocating jurisdiction, go to Step 17
• a reciprocating jurisdiction, go to Step 18
• Australia, go to Step 19

The application has not been properly made because the payer is not a resident of Australia or a reciprocating jurisdiction:

• Contact the payer or their authorised agent. Tell them their application cannot be accepted
• Send a unique letter to the payer or their authorised agent. Tell them that their application has been refused, because the payer is a resident of a non-reciprocating jurisdiction

Procedure ends here.

A residency decision must be made for the payee. See Residency decisions for Child Support customers.

Is the payee a resident of Australia?

• Yes, see Table 5
• No, the application has not been properly made because the payee is not a resident of Australia
• contact the payer or their authorised agent to advise why their application cannot be accepted
• send a unique letter to the payer or their authorised agent. Tell them their application has been refused because the payee is not a resident of Australia

A residency decision must be made for the payee. See Residency decisions for Child Support customer.

Is the payee a resident of a reciprocating jurisdiction?

• Yes, see Table 5
• No, the application has not been properly made because the payee is not a resident of a reciprocating jurisdiction
• contact the payer or their authorised agent to advise why their application cannot be accepted
• send a unique letter to the payer or their authorised agent advising that their application has been refused because the payee is not a resident of a reciprocating jurisdiction

Review the application to determine if the child or spouse maintenance order, agreement or assessment is a registrable overseas maintenance liability.

Note: the order, agreement or assessment may contain both registrable and non-registrable amounts.

To be registrable, the liability must be:

• a maintenance order (cannot be provisional):
• for a periodic amount
• made by a judicial authority of a reciprocating jurisdiction
• a maintenance agreement:
• for a periodic amount
• registered by a judicial or administrative authority of a reciprocating jurisdiction
• a maintenance assessment:
• for a periodic amount
• issued by an administrative authority of a reciprocating jurisdiction
• an agency reimbursement liability. This is the amount that:
• has been paid to a payee of a child maintenance liability by an overseas authority, and
• the overseas authority seeks reimbursement from the payer
• arrears of periodic amounts in relation to any of the above liabilities

For more information on the types of liabilities that can be registered with Child Support, References has a link to the Child Support Guide.

Court orders

A maintenance order made by a judicial authority of a reciprocating jurisdiction must require a person to pay a periodic amount for the maintenance of their child or step-child.

A court order may be a:

• provisional maintenance order
• an enforcement order
• interim maintenance order
• final maintenance order, including an order made in response to a transmitted Australian assessment to enable registration overseas

Provisional court orders

Provisional orders:

• are required to be confirmed by another court before they have effect
• cannot be registered

Enforcement orders

Enforcements orders:

• are made by overseas court to enable action to be taken to collect a registered Australian liability if the payer refuses to pay
• cannot be registered

Interim court orders

Interim orders are:

• temporary orders made:
• when there is an urgent matter before the court
• while the court process is ongoing, prior to the making of a final order
• registerable:
• stay in place until a final order is made

For interim orders contact is required with both customers. This is to make sure no further orders have been made since the interim order was made.

Final court orders

A final court order means that the court proceedings have concluded and are final.

Make sure the document is a final court order. A final order will generally have:

• a heading of 'Order' or 'Court Order', and
• a court seal, and
• may include phrases such as:
• it is ordered, or
• it is ordered by consent

Make sure the court order is the most current order:

• a court order sent from an overseas authority is assumed to be the most current order
• if the court order is sent directly to Child Support by the payer or payee confirm with both parties during the pre-registration interview that it is the most current order

Maintenance order made in response to a transmitted Australian assessment

The domestic laws of some reciprocating jurisdictions require the transformation of Australian assessments into judicial maintenance liabilities (court orders) to enable that jurisdiction to register and enforce the assessment.

• These orders are different to overseas enforcement orders
• They are registrable overseas maintenance liabilities
• The court in the reciprocating jurisdiction may set a level of maintenance that differs from the Australian assessment
• If the overseas maintenance order is registered, the Australian assessment will end from the day before the court order is registered
• Any arrears that have accrued under the assessment up to the date that the assessment ends, will remain payable

Agency reimbursement liability

An agency reimbursement liability is a liability where:

• a parent is liable to pay a periodic amount for the maintenance of a child, and
• an amount has been paid by an overseas authority for the maintenance of the child to the person who has the care of the child, and
• the overseas authority seeks reimbursement of the amount from the liable parent

The amount:

• must have been paid to the payee by an overseas authority.
• cannot have been paid by a different government department, agency or authority in the jurisdiction. References has a link to the Child Support Guide 1.5.1: Australia’s international maintenance arrangements.

Arrears

An application may request registration of:

• ongoing maintenance only
• ongoing maintenance and arrears
• arrears only

Other types of arrears such as a lump sum, are not. References has a link to the Child Support Guide 3.2.1: Periodic amounts payable to the payee.

If unsure the arrears relate to unpaid periodic amounts, contact the overseas authority or the applicant.

Acceptable evidence of arrears include:

• a statement issued by an overseas authority (certified or not certified)
• written statements from either customer detailing specific amounts paid or amounts owed, including dates
• bank statements from either customer with supporting explanation
• documentation from legal representatives

Consider the relevance and reliability of each piece of evidence, such as its source and date.

Example

A certified statement from a court would normally be relied on more than an unverified statement from a customer.

Take action if the arrears amounts provided by the overseas authority or either parent are:

• inconclusive
• contradictory, or
• disputed by the customers

Get more information from both parties and consider the merits of the evidence when making the decision about the arrears.

Dual liabilities

A dual liability will create if there is already a registered liability for the periods to which the overseas maintenance arrears relate. Therefore, the arrears cannot be registered. To determine if there is already a registered liability, consider the collection status.

Where the assessment has:

• always been private collect, this is not a registered liability, so a dual liability will not be created. If the liability was once Child Support collect and was later opted out of collection, it remains a registered liability despite the opt out
• been Child Support collect at any stage, overseas arrears cannot be registered if they create a dual liability for any period after the assessment was registered for collection, including periods of opt out

References has a link to The Child Support Guide 3.6.2: Registering overseas maintenance liabilities for collection.

If unsure seek help from a Service Support Officer (SSO).

Is the entire order, agreement or assessment, including any arrears a registrable overseas maintenance liability and able to be registered?

• Yes, go to Step 12
• No, go to Step 2

Identify the type of non-registrable overseas maintenance liability in the application.

In all circumstances, contact must be made with the applicant, see Contact with Child Support Customers

Where the application is refused, a unique letter must also be sent, to explain the decision and objection rights.

Record the decision not to register the liability in the Case window.

If the application has been forwarded by or made by an overseas authority and the decision letter is being sent directly to the applicant:

• Send the authority a unique letter that tells them that a decision has been made
• Include a copy of the applicant’s refusal letter

For:

• enforcement orders, go to Step 3
• provisional orders, go to Step 4
• liabilities made in a non-reciprocating jurisdiction, go to Step 5
• non-periodic liabilities including arrears of non-periodic amounts and any other amounts that are not registrable, go to Step 6
• dual liability, go to Step 10

Some jurisdictions, particularly the U.K., make enforcement orders after they have registered an Australian assessment.

Enforcement orders:

• enable the court to take action to collect the registered Australian liability if the paying parent refuses to pay
• are not maintenance orders and are therefore not registrable
• usually state that it is an order for enforcement, rather than a maintenance order

The enforcement order may be for a different amount than the Australian assessment. This is because the overseas court may make its own assessment of the paying parent’s capacity to pay the registered Australian assessment.

If it is not clear whether the order is a maintenance order or an enforcement order, get help from an SSO.

If the order is an enforcement order, tell the applicant their application has been refused because the order is an enforcement order, not a maintenance order.

Procedure ends here.

Consider if the document is a provisional order. A provisional order will generally have:

• a heading of 'Provisional Order' or 'Provisional Court Order', and
• a court seal, and may include phrases such as:
• it is ordered, or
• it is ordered by consent
• this order is made provisionally and shall have no effect unless and until it is confirmed by a competent court in Australia

A provisional order made in a reciprocating jurisdiction cannot be registered until the order is registered or confirmed in an Australian court. However, an Australian court cannot confirm a provisional child maintenance order if an application for an Australian assessment can be made by the payee or payer.

References has a link to The Child Support Guide 2.1.1: Applications for assessment.

If an application for a child support assessment can be properly made, tell the applicant the following information and include in a unique letter:

• Australian courts cannot confirm a provisional order, if an application for an Australian child support assessment could properly be made and in this case, an application can be made
• The provisional order has not been referred to the Australian courts
• Child Support can accept an application for a child support assessment, which may result in an Australian assessment being made
• Child Support can also accept a request to register a final overseas maintenance order, or a request to register an overseas maintenance assessment
• If the application has been forwarded by or made by an overseas authority and the decision letter is being sent directly to the payee or payer, send the authority a unique letter. Explain that a decision has been made. Include a copy of the applicant’s decision letter

If an application for a child support assessment cannot be properly made:

• The order and any accompanying letter or documentation must be referred to Attorney-General’s Department (AGD)
• The AGD will commence confirmation proceedings in an Australian court on the behalf of the parent
• Gather available documents
• See Referring overseas maintenance and paternity matters to the Attorney-General's Department
• Tell the applicant and send a unique letter telling them Child Support has referred the order to the AGD asking that they commence confirmation proceedings

Procedure ends here.

If the maintenance liability is not registrable because it was made in a non-reciprocating jurisdiction, tell the applicant:

• the liability cannot be registered and why
• they can make an application for an administrative assessment directly to Child Support if all eligibility requirements are met

Send the applicant a unique letter telling them:

• the decision, and
• an application for assessment may be accepted if eligibility requirements are met

Procedure ends here.

Non-periodic liabilities which cannot be registered include:

• lump sum spousal orders
• child maintenance orders
• other maintenance liabilities where a periodic amount is not specified. E.g., payments for insurance, medical or dental costs, as they arise

An overseas order, agreement or assessment may contain both registrable and non-registrable amounts.

Does the application contain only non-registrable amounts?

• Yes, go to Step 7
• No, go to Step 9

The entire liability is non-registrable. Contact the applicant and tell them:

• the liability cannot be registered
• Child Support has refused their application for registration of an overseas maintenance liability because the liability is not registrable
• about their objection rights

Where the applicant is the payee, tell them:

• they may apply for the non-registrable amounts to be entered in the Child Support Register to enable them to take their own enforcement action
• Child Support cannot collect non-registrable amounts entered in the Child Support Register, rather the debt is owed to them
• they may start their own enforcement proceedings in court or they may ask the Attorney-General’s Department, including via Child Support, to start proceedings on their behalf

Payee wants non-registrable amounts entered in the Register

• Confirm the payee has elected to apply for the non-registrable amount to be entered in the Child Support Register
• Document the conversation and the details of the non-registrable liability in the Communication window
• Send a unique letter telling them:
• their application has been refused because the liability is not registrable. Include objection rights
• they have elected for the non-registrable amounts in the liability to be entered in the Child Support Register and that the debt is due to them, not Child Support
• they may start their own court proceedings to enforce the debt or they may ask the Attorney-General's Department to initiate proceedings on their behalf. Include the details of the non-registrable amounts and objection rights
• If the application has been forwarded by or made by an overseas authority and the decision letter is being sent directly to the payee, send the authority:
• a unique letter that tells them that a decision has been made
• a copy of the payee’s decision letter
• Send the payer a unique letter telling them:
• Child Support has accepted an application from the payee for non-registrable amounts in an overseas maintenance liability to be entered in the Child Support Register
• this debt is payable to the payee, not Child Support. Include the details of the non-registrable amounts and objection rights

Payee does not want non-registrable amounts entered in the Register

• Confirm payee has elected not to apply for the non-registrable amount to be entered in the Child Support Register. This election does not prevent them from making an application in the future
• Document the conversation and the details of the non-registrable liability in the Communication window
• Send a unique letter telling them:
• their application has been refused because the liability is not registrable. Include objection rights
• they have not elected for the non-registrable amounts in the liability to be entered in the Child Support Register. This election does not prevent them from making an application in the future
• If the application has been forwarded by or made by an overseas authority and the above decision letter is being sent directly to the payee, send the authority:
• a unique letter telling them that a decision has been made
• a copy of the payee’s decision letter

Procedure ends here.

Dual liabilities cannot be registered. To determine if there is a dual liability seek help for a Service Support Officer (SSO).

Will registering any of the registrable amounts create a dual liability?

• Yes, go to Step 10
• No, go to Step 12

There may already be a different liability registered for the same payee, payer and children. Any amount of arrears in an overseas maintenance order, agreement or assessment that causes a dual liability cannot be registered.

A dual liability occurs when there are 2 registered liabilities for the same period in the same case.

It may be possible to register some elements of the liability without creating a dual liability. E.g., some of the arrears and the future periodic amounts.

Are there amounts in the overseas liability which can be registered without creating a dual liability?

• Yes, go to Step 12
• No, go to Step 11

The application must be refused if registering the overseas maintenance order, agreement or assessment would create a dual liability in its entirety.

• Contact the applicant to tell them their application will be refused because there is already a liability registered in Australia for the same period, and
• send a unique letter which explains the decision and objection rights

If unsure of what date to apply, get help from a Service Support Officer (SSO).

Procedure ends here

Check Cuba to determine if a liability is already registered for the same payer, payee and children. If unsure how to determine this, get help from a Service Support Officer (SSO).

Note: an Australian assessment that has always been private collect is not a registered liability. However, an assessment that was once Child Support collect and was later opted out of collection will remain registered, even after the opt out.

Is a liability already registered?

• Yes, go to Step 13
• No, see Table 6

Check Cuba to determine the date the currently registered liability was made. This will be the start date of an assessment or the date stated on a court order or agreement.

Was the currently registered liability made on a date which is later than the date the overseas maintenance liability was made?

• Yes, go to Step 14
• No, see Table 6

A registrable overseas maintenance liability cannot be registered if it is notified to Child Support after another liability made on a later date has already been registered.

However, arrears of periodic maintenance are a registrable overseas maintenance liability.

Arrears can be registered if they:

• arose under that earlier overseas liability, and
• relate to a period prior to the registration of the currently registered liability

Check Cuba to determine if Child Support was aware of the overseas maintenance liability before the later liability was registered. This includes whether either parent or an overseas authority mentioned it in the past, either verbally or in writing.

References has a link to The Child Support Guide 3.6.2: Registering overseas maintenance liabilities for collection. The chapter includes an example of how to consider the registration of a liability made earlier than a currently registered liability.

If unsure whether the overseas liability can be registered because another liability is currently registered, get help from a Service Support Officer (SSO).

Was Child Support previously aware of the overseas maintenance liability?

• Yes, see Table 6
• No, go to Step 15

If the arrears accrued before the registration of the current liability, see Table 6.

If the arrears accrued after the registration of the current liability:

• contact the applicant to tell them that the liability cannot be registered because Child Support was not aware of the overseas liability prior to the registration of a later liability
• send the applicant a unique letter, telling them:
• Child Support has refused their application for registration of an overseas maintenance liability as it was not aware of the overseas liability prior to the registration of a later liability
• about their objection rights

To record the case details in Cuba int eh case screen under Application Type, select.

• INTERL CO/AGR, for international court orders and court registered agreements
• INTERL ASSMNT, for international administrative assessments

Record the:

• lodgement date
• mailroom date
• ‘starts on’ date. This is the date the application was received by Child Support
• other party and children. Use the records previously created

After saving the details of the registration:

• complete the relevant sections of the scrutiny document
• paste into the Case window notepad

Do not run eligibility.

Determine the arrears payable.

Arrears can be registered if they:

• arose under that earlier overseas liability, and
• relate to a period prior to the registration of the currently registered, later made liability

Periodic arrears cannot be registered if they create a dual liability.

If the payer or payee are party to another child support assessment an International assessment will automatically apply a multi-case allowance. If this has not applied automatically seek help from a Service Support Officer (SSO).

For an International Court Order or Agreement registration, a Change of Assessment application is needed to have the children the payer or payee are liable for under the overseas maintenance liability, considered in the child support assessment.

When speaking to the customer about this option, use the COA Discussion macro.

The payee must be contacted if there:

• are non-registrable amounts in the overseas maintenances order, go to Step 5
• is a current private collect Australian child support assessment, go to Step 6

The payee or overseas authority may need to be contacted to get evidence to make a decision on the application. This may include determining:

• the end date of the liability
• the arrears owing
• the validity of the order if the order was provided to Child Support by the payer

See Contact with Child Support customers.

If contact is not required, go to Step 7.

Unable to contact the payee within 48 hours, and the

• payee made the application, send a CAL letter. See Letters Cuba Process Help
• application was made via or by an overseas authority. Send a:
• UQ40.01 - Advising request sent to CA for information about a court order - Applicant letter, and
• UQ40.00 - Requesting information about a court order - Central Authority letter

Continue to try to contact payee by phone after sending the letter

• Allow the payee time to respond. See Standard response times.
• Allow the Overseas Authority 6 weeks to provide a response
• Document contact with the Overseas Authority or payee in the Communication window. See Documenting Child Support information

If the liability includes non-registrable amounts, explain to the payee:

• they may apply for the non-registrable amounts to be entered in the Child Support Register to enable them to take their own enforcement action
• Child Support cannot collect non-registrable amounts entered in the Child Support Register, rather the debt is owed to them
• they may start their own enforcement proceedings in court or they may ask the Attorney-General’s Department, including via Child Support, to start proceedings on their behalf

Does the payee want non-registrable amounts entered in the Register?

• Yes, document the conversation in the Communication window
• No:
• Confirm they have elected not to apply for the non-registrable amount to be entered in the Child Support Register
• This election does not prevent them from making an application in the future
• Document this conversation in the Communication window

Go to Step 6 if there is an existing a private collect assessment, otherwise go to Step 7.

 

Registering a new overseas child support liability will not end a private collect Australian child support assessment:

• Registering a subsequent liability will only end a registrable maintenance liability if it is actually registered
• A private collect assessment is not a registered liability. Therefore it will not end when a subsequent liability is registered for collection

Tell the payee, when the overseas maintenance liability is registered:

• the payer will be liable to Child Support for the registered overseas liability
• the private collect assessment will continue
• there will not be a dual liability because only the overseas liability will be registered by Child Support for collection
• an election can be made to end the assessment given the overseas liability will be registered

Does the payee want to elect to end the private collect assessment?

• Yes, see Ending a Child Support assessment to end the assessment, then go to Step 7
• No, go to Step 7

Contact the payer to conduct a pre-registration interview.

• If a contact number is not available, conduct searches as per Customer Location (tracing)
• Check time zones to ensure the payer is contacted at an appropriate time
• See Contact with Child Support customers

Discuss the following with the payer:

• if they were not the applicant, confirm they are aware of the application
• if the application is for registration of an order or agreement, confirm:
• the order or agreement is the most current liability
• the children that the order or agreement relates to
• if the order or agreement is for spousal or child support
• the amount of the on-going liability
• the end date of liability
• if they require a copy of the order
  Note: if the court order is provided to the payer ensure any of the payee's personal information is removed. E.g., their contact details
• tell them about:
• any arrears owing as calculated by the Overseas Authority in the overseas currency and the amount in AUD based on the exchange rate for that day
• options for varying the application in Australia or the originating country
• payment options for child support including offering employer withholdings and confirm how payments are to be made. See Payment options for customers
• if a low-income non-enforcement (LINE) period needs to be determined. LINE periods may apply where the paying parent is in receipt of a Centrelink benefit
  Note: LINE periods have been applicable since 19 July 2007 when they were introduced for International cases. See Stage 1 – low-income non-enforcement (LINE) periods if required get information to determine residency
• if the payee has also applied for a non-periodic amount to be entered into the Register, explain:
• this liability is payable to the payee, not Child Support, and
• the payee has the option to start proceedings in court to enforce this liability

If the payer cannot be contacted:

• send a UQ40.06 - Request for information - Application received to register and enforce court order in Australia - Non-applicant letter.
• continue to try to contact payer by phone after the letter has been sent
• allow the payer time to respond. See Standard response times.

Document contact with the payer in the Communication window.

If either parent disputes the validity of the order, agreement or assessment ask the parent to provide evidence. E.g., a new order or agreement.

Examples of a valid dispute:

• A parent believes that there are laws in the other country affecting ongoing enforceability
• There are new orders affecting the order being registered

Is the validity of the overseas maintenance liability disputed?

• Yes:
• Contact the overseas authority to tell them of the valid dispute
• Create an Instakeholder Follow Up intray, to monitor whether a response is received
• If no response is received from the overseas authority within 6 weeks, make a decision about the validity of the liability using the information available
• If needed, get help from an Service Support Officer (SSO)
• Once resolved, see Table 7
• No, see Table 7

Check the application for the end date for the maintenance liability:

• there may not be one stated, or
• the end date may rely on an event, which will occur in the future e.g.:
• last day of schooling
• child gaining employment

If there is no end date stated in the liability or application, confirm the end date as part of the pre-registration interview.

If the overseas liability includes a clause about a future event that may affect the end date:

• the end date used at registration must be the date stated in the liability or determined after speaking to the payee, payer or overseas authority
• if no date can be determined, the date the youngest child turns 18 years of age must be used
• the end date will be adjusted in the future if Child Support is advised of an event which changes the end date (an affecting event)
• the onus is on the parents or the overseas authority to advise Child Support of a future event which affects the end date of a liability

There are specific rules regarding end dates for Canadian orders.

Canadian liabilities

Canadian orders for child support do not include end dates. This is because child support is payable in Canada until one of the following occurs:

• a court of competent jurisdiction determines that support should be terminated
• the parties agree to end support for a particular child, or
• the order states that support ends on a specific date or when a certain event takes place and that event has taken place. E.g., the child finishing post-secondary education

If none of the above applies, enter a default end date equivalent to the date the child turns 24 years of age.

See Resources for link to Child and Spousal Support Caseworker Guide: Canada-Australia attachment.

If both parties:

• agree on the date, apply the end date to the case
• disagree on the end date:
• ask them to provide evidence so a determination can be made
• where appropriate, contact the overseas authority

Update the end date if reliable information is received. If there is no answer after repeated attempts to confirm an end date, apply the date the youngest child turns 18 years of age.

Note: if an end date cannot be confirmed for a spousal maintenance order the order will continue indefinitely.

If a liability includes inflation factors, check if the inflation factors need to be:

• added to the initial periodic amount, before recording the amount in Cuba
• calculated. See Inflation adjustment, for how to calculate a new entitlement

Make sure the exchange rate is calculated correctly for the new application.

If converting foreign currencies to Australian dollars, the exchange rate is the rate on the day that the child support application is received by Child Support.

The rate to use is:

• the international money transfer buying rate published by the Commonwealth Bank of Australia that applies to the foreign currency, or
• if no such rate is available, an exchange rate that Services Australia considers appropriate

If the exchange rate for a specific country is not available:

• Send an email to the International Disbursements Team
• Document the rate and source in the Case window notepad. See Documenting Child Support information

• Record the amount(s) payable in the Periodic Amounts window
• See Agreements Cuba Process Help, record and update additional registration information
• Use the date of receipt as the start date of the ongoing entitlement, unless it is a variation to an existing liability. If it is, the start date can be the date specified in the relevant order
• Add arrears as a special entitlement
• Enter arrears as calculated by the scrutiny document up to the Start date of Liability/Lodgement (SDOL)
• Select One Off Payment from the dropdown list
• Record a document in the Case window notepad
• Paste details from the scrutiny document into the notepad
• Include all:
• relevant details of the application, and
• the calculations used for arrears and ongoing liability

Overseas liabilities may include a range of clauses, including:

• CPI or inflation variations
• different periodic amounts for times of unemployment
• extension of liability while children receive an education

Non-registerable amounts can include:

• lump sum
• insurance payments
• school fees
• medical or dental costs

Record any clauses including non-periodic amounts in the Case window notepad.

Do not record any clauses in the Clauses window as this is only used for Stage 1 cases.

If the payee has applied for non-periodic amounts to be entered into the Register to enable them to enforce the liability, use the Subject title of ‘s25A entry - non-periodic amount’ in the window notepad.

• Cuba cannot apply the correct formula to many non-parent carer cases. There is no Cuba warning about this:
• Check non-parent carer cases to determine if they are being assessed correctly
• If not , or if in doubt, escalate the case to a Service Support Officer (SSO)
• Before running eligibility check the case to make sure the liability has been registered correctly. See Eligibility Cuba Process Help
• Check the Pre-confirmation Results window before accepting or refusing the application including:
• errors
• warnings
• indicators for the new case and any related cases
• Check warnings and fix errors before saving eligibility

If the application is refused or partially accepted and it is expected to be eligible:

• select 'Cancel'
• check the ineligible reason and all the details keyed in each window
• run eligibility again

Save Eligibility if:

• errors have been fixed
• warnings understood
• the assessment is correct, and
• ready to make a decision on the application for child support save Eligibility

Contact an SSO for help with:

• fix an error or warning, or
• to understand why a change is occurring

If a payee lives overseas:

• Create Intray: INT DISB REGISTER UPDATE
• In the intray, record:
• the address to be added to the MAR for disbursement
• who the cheque should be made out to
• any overseas reference numbers
• Route the intray to:
• Region: INTERNATIONAL HOBART
• Stream/team: S003 CENT AUTH TM1
• Position: A INT DISBURSEMENTS

To record these details, see:

• Disbursement Cuba Process Help, recording disbursement options, and
• Payee Disbursement Options window

In the Payment Options window record:

• how the payer will make payments to Child Support
• the frequency of payments and the payment method. E.g., monthly payments paid manually, via Australia post

There is no need to adjust anything in the Payment options window if the payer is not in Australia, and:

• has refused to pay
• has requested the case be transmitted
• there has been no contact

It will default to manual payments. The details will update when the case is transmitted.

For payers who prefer to have employer deductions, establish employer withholding, - see Employer Withholding (linking) for Child Support customers.

If the application is for child maintenance and is accepted, Cuba automatically generates the following letters:

• REG3 - 1 To Payee - Stage 1 - Registration accepted
• REG3 - 2 To Payer - Stage 1 - Registration accepted
• XR1 Notice of register entry for stage 1 cases (court orders and court-registered agreements)

The REG3 letters are incorrect. Delete these letters and send the following manual letters:

• UQ40.07 - Registration of overseas maintenance liabilities received from an overseas central authority - Applicant
• UQ40.08 - Registration of overseas maintenance liabilities received from an overseas central authority- Non-Applicant

Do not delete the XR1 notice.

Change the above unique letters, if:

• an application for ongoing overseas maintenance has been refused:
• because a later liability is currently registered
• Child Support was not previously aware of the earlier overseas liability
• arrears that arose under that earlier liability have been registered
• some arrears have not been registered because they would create a dual liability

If the overseas maintenance liability includes non-periodic amounts and the payee has applied for them to be entered into the Register:

• send the payee a unique letter:
• confirming they elected for the non-periodic amounts in the overseas maintenance liability to be entered into the Child Support Register and that the debt is due to them, not Child Support
• explain they may start their own court proceedings to enforce the debt or they can ask the Attorney-General's Department to initiate proceedings on their behalf
• include the details of the non-periodic amounts and objection rights
• send the payer a unique letter:
• telling them Child Support has accepted an application from the payee for the non-periodic amounts in the overseas maintenance liability to be entered into the Child Support Register
• explain this debt is payable to the payee, not Child Support
• include the details of the non-periodic amounts and objection rights

If the application includes non-periodic amounts and the payee has chosen to not apply for them to be entered into the Register send the payee a unique letter confirming:

• they have elected not to apply for the non-periodic amounts to be entered into the Child Support Register, and
• this election does not prevent them from making an application in the future

If the application is for spousal maintenance create a unique registration letter and send it to both parties.

If the end date of when the youngest child turns 18 was applied because the end date was not confirmed with either party, create a unique letter and send to the:

• overseas authority
• payee
• payer

Notifying overseas authority

If the application was forwarded by an overseas authority and any of the above decision letters are being sent directly to the payee or payer’ address:

• send a unique letter telling them that a decision has been made
• include a copy of the applicant’s decision and XR1 letter

If applicable:

• apply the low-income non-enforcement (LINE) periods. See Stage 1 - low income non-enforcement (LINE) periods
• contact each customer to follow up any specific issues from the registration
• give the customer more details based on their circumstances

Document contact and discussion on the customer's Communication window. See Documenting Child Support information.

Before unlocking the case follow the Customer Management Approach (CMA) for Child Support.