UNCRAM applications to establish an overseas maintenance liability 277-19061048

UNCRAM was signed in New York on 20 June 1956. It aimed to overcome the legal and practical difficulties involved in establishing claims for maintenance abroad. Australia is a contracting party to the convention.

UNCRAM countries are listed in United Nations Treaty Collection. The Resources page has a link to the United Nations Treaty Collection.

A payee in an UNCRAM country can apply to an UNCRAM country where the payer resides. The application can be made via the relevant overseas authority. That country can establish a maintenance liability on the payee’s behalf. See References for a link to The Child Support Guide - International Agreements & Conventions.

Where the payer resides in an UNCRAM country a payee in Australia has two options for child support:

• an Australian child support assessment, or
• apply to an overseas court or relevant body, including via an overseas authority

Generally the payee chooses to apply for an Australian child support assessment. Child Support asks the reciprocating jurisdiction (RJ) to collect the liability if:

• the payee applies for the assessment to be transmitted, or
• Child Support determines it is appropriate to do so

Alternatively, a payee in Australia may choose to apply to an overseas jurisdiction to establish a child support liability in that jurisdiction. This may be because:

• the jurisdiction is unable or unwilling to recognise an Australian administrative child support assessment, or
• the payee is not eligible for an Australian child support assessment. For example, the child is over 18, or
• they prefer to have an overseas order

Where the payer resides in an UNCRAM country, a payee in Australia has two options for spousal maintenance:

• apply to an Australian court
• apply to an overseas court, including via an overseas authority

A payee can ask Child Support to forward their UNCRAM application to the overseas authority in the payer's jurisdiction. The matter will usually be determined in a court in that jurisdiction. They will decide the level of maintenance payable under their relevant laws.

Child Support’s role in this process is to:

• check the payee’s application is complete
• forward the application to the relevant overseas authority, and
• provide advice if an application for assessment may be an option for the payee

Child Support can register an overseas maintenance order made in response to an UNCRAM application.

Payees should seek legal advice before making an UNCRAM application. Child Support cannot provide advice about overseas maintenance laws and court procedures. UNCRAM applications received by Child Support are usually prepared by the payee’s lawyer.