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Transmittal of Child Support information (excluding New Zealand) - Contact customers and issue documents 277-08320020

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This document details the process involved for transmittal of Child Support information (excluding NZ) - customer contact and issue of documents when determining If transmittal is appropriate.

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Contact customers - Transmittal of child support information

Send documents and determine if case will be prepared for transmittal

Contact customers - Transmittal of child support information

Table 1

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Step

Action

1

Contact payee

Contact the payee/s.

  • if unable to contact go to Step 4
  • use the Collection and Debt macro to obtain information about the payer's circumstances including:
    • location
    • contact details, and
    • income
  • ask if they have received any non-agency payment, see Non-agency payment (NAP)
  • confirm recorded bank account details are correct, see Disbursements of child support
  • explain the transmittal process including expected timeframes and possible outcomes. If the payer has more than one case, this may include the need to discuss that normal apportionment rules will apply to any payments that may be received from the Central Authority
  • explain that Child Support will attempt to obtain voluntary compliance from the payer. If the payer is not compliant, Child Support will send the payee a Requesting information to refer case overseas letter using the International transmittal letters macro and additional forms (where relevant). Advise the payee to complete and return these within 14 days

Document the contact attempts and/or payee discussion in the Collection window.

Conduct tracing activities if the payee's contact details are incorrect. See Customer location (tracing).

Does the payer reside in the US?

2

Payee contact where the payer resides in the US

A transmittal to the US is accepted if the US accepts that Australia has jurisdiction over the case according to US law.

Contact the payee to consider if the US is likely to accept that Australia has jurisdiction to determine the amount payable. Determine if:

  • the child was conceived in Australia
  • the payer lived in Australia and provided antenatal expenses. For example, blood tests, ultrasounds
  • the payer lived with the child in Australia, or
  • the payer provided permission for the child to live in Australia, usually in the form of a court order

Note: these points are based on the US guidelines but modified to meet Australian terminology and concepts. The decision about whether the US will accept that Australia has jurisdiction will be made by the US courts.

If the payee provides evidence to support the establishment of jurisdiction, evidence can be provided in the form of, for example, emails, court order.

For more information on how parentage is established, see Child Support Guide 1.5.2: International agreement and conventions.

Document the discussion in the Collection window.

Procedure ends here.

3

Unable to contact payee

If all attempts to contact the payee have been unsuccessful due to out of date contact details, search to locate current address and contact details, see Customer location (tracing).

If new contact details are identified, return to Step 1.

If attempts to contact the payee have failed or no phone contact is possible, see Table 2 > Step 1.

4

Contact payer

If a valid address is recorded, and in the last 6 months:

  • the payer has refused to pay, or
  • the payer has been advised that the case will be transmitted, and
  • Department of Home Affairs check confirms payer has not entered Australia, see Table 2

In all other circumstances contact the payer to discuss payment of ongoing child support and/or arrears. See Payment options for customers and Debt repayment.

  • If the payer makes an appropriate payment arrangement, go to Step 5
  • If the payer refuses to make an appropriate payment arrangement, go to Step 6
  • If unable to contact the payer, go to Step 7

5

Accept payment arrangement
  • Record the payment arrangement
  • Advise if they default on the arrangement their case may be transmitted overseas for collection and enforcement

Document the discussion in notepad on the Collection window or the notes window in Pluto.

Procedure ends here.

6

Payment arrangement not accepted

If the payer refuses to make an appropriate payment arrangement:

  • discuss alternative administrative options. For example, Change of Assessment (COA)
  • advise Child Support will ask the Central Authority to take enforcement action, and
  • explain that the Central Authority will determine the appropriate enforcement action for payment of child support according to their powers

Document the discussion in a notepad on the Payer Collection window.

See Table 2.

7

Payer contact unsuccessful

Conduct tracing activities if the payer's contact details are incorrect. See Customer location (tracing).

If contact details are identified, go to Step 5.

If a valid address is located but no phone contact details, see Table 2.

If a valid address cannot be located and the payer was in the:

  • United Kingdom (UK)
    • this is the end of the transmittal process. Refer back to Mainstream Services
    • Procedure ends here
  • United States (US)
    • where the state is unknown use the Transmittal Letters macro and send a Request for Information (Tracing) letter to the Office of Child Support Enforcement (IRG). Send the request to the Washington DC address located at the bottom right hand corner of this page under Children and Families
    • Procedure ends here
  • Canada
    • proceed with transmittal if the province in which the payer resides is known
    • if province is not known, undertake additional tracing
    • if the province cannot be determined refer case back to Mainstream Services
    • Procedure ends here

Send documents and determine if case will be prepared for transmittal

Table 2

Summary: Table 2: this table describes the process involved for the issue of documents and for determining if the case will be prepared for transmittal.

Expand table

Step

Action

1

Send documents

Send the following on the same day:

2

Issue 'Requesting information to refer case overseas' letter

Print all documents single sided.

Create an MX0-1 Unique letter to the payee:

Note: if the liability being transmitted is an Australian court order, and it is being transmitted under the Hague Convention, check if the court order was rendered by default. That is, the court made a decision without the payer appearing or being represented in the proceedings. If so, then a copy of any document which proves notice of institution of proceeding was properly served on the payer must also be included.

3

Additional forms

If the payer lives in one of the following countries attach the relevant additional forms to the unique letter:

Note: the UK, although with different Central Authorities, includes England, Scotland, Wales, and Northern Ireland but not the Republic of Ireland.

4

Monitor for response

Create a Transmittal Questionnaire Sent intray. Enter the date the Requesting information to refer case overseas letter is sent in the Transmittal Finalisations database stored on the Hobart G drive.

If the transmittal questionnaire and additional forms are:

5

Requesting information to refer case overseas letter not returned

Contact the payee if a response is not received by the due date.

If contact is:

  • unsuccessful the payee and Child Support cannot proceed, send an MX0-1 Unique letter using the Transmittal Letters macro to create letter text. Select the 'Unable to transmit' letter. See Letters for Child Support customers. Procedure ends here
  • successful, explain that if the letter is not returned, the transmittal request may not proceed

If the payee agrees to complete the questionnaire (and additional forms if necessary):

  • provide an additional 14 days for the forms to be returned
  • create a new Transmittal Questionnaire Sent intray, and
  • delete the old intray

When the payee’s response is received, go to Step 6.

If the payee advises they will not complete and return the questionnaire (and additional forms if necessary) discuss and action, the following options:

Advise the payee (where relevant) that Child Support may proceed with the transmittal if the payer lives in:

  • the US and Child Support is satisfied about jurisdiction, or
  • a relevant reciprocal jurisdiction province of Canada

Go to Step 8.

6

'Requesting information to refer case to be sent overseas' letter returned

Delete the Transmittal Questionnaire Sent intray.

Analyse the information received to ensure all the relevant details have been provided. Contact the payee if there is information missing.

Go to Step 8.

7

Issue 'Request for contact to discuss outstanding payments' letter

Create an MX0-1 Unique letter to the payer:

  • use the Transmittal Letters macro to create letter text. Select the Request for contact to discuss outstanding payments letter, and
  • request the payer reply within 28 days from the date of issue

Allow the customer time to respond. See Standard response times.

Note: the timeframe for reply must be 28 days (allow an additional five days for postage). For a 'Request for contact to discuss outstanding payments' letter, enter the date in the individual Service Officer's section of the Transmittal Finalisation database stored on the Hobart G Drive.

Issue a section 162A notice if the payer does not have accurate income/s. See Income processing for Child Support customers (international parents).

Did the payer respond to the letter?

8

Determine if case will be prepared for transmittal

Prepare the case for transmittal if:

  • the payer refused to make an appropriate payment arrangement or did not respond to the 'Request for contact to discuss outstanding payments' letter
  • no payment has been received
  • there are no other collection opportunities, and
  • the payee returned the 'Request information to refer case to be sent overseas' letter and additional forms
  • a Payee makes application under Section 30A of the Child Support (Registration and Collection) Act 1988, and it is practical to transmit, or
  • the payee did not return the Request information to refer case to be sent overseas letter and additional forms, but the payer resides in:

If the case: