UNCRAM applications to establish an overseas maintenance liability 277-19061048

A payee can only make an UNCRAM application for child support or spousal maintenance if the payer resides in an UNCRAM country. The United Nations Treaty Collection website lists the UNCRAM countries. See Resources for a link to the website.

Does the payer reside in an UNCRAM country?

• Yes, go to Step 2
• No, go to Step 7

Is the application for child support?

• Yes, go to Step 3
• No, the application is for spousal maintenance, see Processing the UNCRAM application

Is the payee eligible for an Australian assessment?

The References page contains a link to the Child Support Guide 2.1.1 Applications for assessment.

• Yes, the payee has an Australian assessment or may be eligible, go to Step 4
• No, the payee is not eligible for an assessment, see the Processing the UNCRAM application table

See the notation at the bottom of the Reciprocating Jurisdictions - A Guide for Child Support Staff to determine the RJ that cannot recognise administrative assessments.

Does the payer reside in an RJ that recognises administrative assessments?

• Yes, go to Step 5
• No, see Table 2

Does the payee have an assessment?

• Yes, contact the payee to explain:
• they can make an UNCRAM application, however the application may not be required
• they can apply to Child Support to transmit their assessment to the RJ for enforcement. This may be a faster and easier process than seeking establishment of child support overseas via UNCRAM. Note: Child Support cannot guarantee the RJ will accept the request
• it is up to the payee to decide whether to proceed with their UNCRAM application or apply for transmittal of their assessment
• go to Step 6
• No, contact the payee to explain:
• before proceeding with their UNCRAM application, they have the option to make an application for an Australian assessment. This may be a faster and easier process than seeking establishment of child support overseas via UNCRAM
• until they make an application for an assessment, Child Support cannot determine whether eligibility criteria will be met and the application accepted
• if their application is accepted, they can apply to Child Support to transmit their assessment to the RJ. Child Support cannot guarantee the RJ will accept the request
• if the application for assessment is refused they can proceed with their UNCRAM application. Examples of why their application for assessment may be refused are residency or lack of proof of parentage
• it is up to the payee to decide whether to proceed with their UNCRAM application or apply for an assessment
• see Applications for a child support assessment
• go to Step 6

If the payee decides to proceed with applying for:

• an assessment, see Applications for a child support assessment
• transmittal of their existing case, see Transmittal of Child Support information (excluding New Zealand)
• the UNCRAM application, see Table 2

If Child Support decides it will forward the UNCRAM application because:

• the payee is not eligible for an Australian assessment because the child is over 18 years of age, or
• the RJ in which the payer resides does not recognise administrative assessments, see Table 2

The UNCRAM application cannot proceed because the payer does not reside in an UNCRAM country.

If the application is for child support, consider if the payee may be eligible for an Australian assessment. See Child Support Guide 2.1.1 Applications for assessment.

See the notation at the bottom of the Reciprocating Jurisdictions - A Guide for Child Support Staff to determine the RJ that cannot recognise administrative assessments

Contact the payee to explain:

• the country where the payer resides is not an UNCRAM country
• they are unable to seek establishment of a maintenance liability in that country under this Convention
• Child Support cannot forward their application and they cannot appeal this decision
• where appropriate explain:
• if eligible, they can apply for a child support assessment in Australia
• they can apply for Child Support to transmit their assessment to the payer’s country for enforcement. See Transmittal of Child Support information (excluding New Zealand)
• if the payer’s country does not recognise assessments, it cannot be transmitted
• they may consider seeking legal advice about making an application for child or spousal maintenance directly to an overseas court

Document the conversation in the payee’s Communication window.

Procedure ends here.

The application must come with all relevant documents. This includes, if necessary, a power of attorney authorising the overseas authority to act, or to appoint some other person to act, on behalf of the payee.

Child Support must take all reasonable steps to meet the requirements of the law of the RJ are complied with.

Note: an UNCRAM application is usually prepared by the payee’s lawyer.

At a minimum, the application should include:

• the payee’s:
• full name
• address
• date of birth
• nationality
• occupation, and
• lawyer’s name and address, if relevant
• the payer’s:
• full name
• addresses during the last 5 years, if known by the payee
• date of birth
• nationality and occupation
• a photo of the payee and, where available, a photo of the payer
• the basis of their claim and what outcome they are seeking, and
• any other relevant information such as the financial and family circumstances of the applicant and the respondent

The applicant may also wish to provide the following details:

• current education situation of the child and a summary of expenses on either a weekly or monthly basis
• future education or tertiary training and likely expenses
• payee’s income, expenses and any property owned
• what the payee considers to be the reasonable needs of the child
• whether the payee supports any other person
• financial or other responsibilities the payee may have
• relevant information, for example the financial and family circumstances of the payer

Does the application include the minimal information above?

• Yes, go to Step 3
• No, go to Step 2

Contact the payee or their authorised representative to:

• advise the application may not be accepted if information is missing
• ask they provide the missing information within 14 days

See Contact with Child Support customers.

Note: at the end of the 14 day period the application must be progressed. Child Support must send the application to the relevant overseas authority even if it is incomplete.

Identify the relevant overseas authority:

• open the United Nations Treaty Collection website
• from Headings, select Depositary
• from drop down menu, select Status of treaties
• scroll to Chapter XX Maintenance obligations - Convention on the Recovery Abroad of Maintenance - New York, 20 June 1956
• scroll to Notifications made under article 2 (Designation of administrative or judicial authority – receiving agency)
• locate the name and address of the overseas authority
• if the address is not listed, the Resources page contains a copy of the Central Authority Address Listing

Write a letter to the Overseas Authority with the heading:

• United Nations Convention on the Recovery Abroad of Maintenance (UNCRAM)
• payee’s name v payer’s name

Explain that Child Support is:

• forwarding an application made by the payee for establishment of a maintenance liability in the overseas jurisdiction against the payer for the children
• asking to be kept informed of the application’s progress, and
• requesting they advise the reasons and return the enclosed documents, if the overseas authority is unable to act on the application

Include the payee’s affidavit and any supporting documents/evidence they have provided, with the letter.

If required, seek approval for the unique letter.

Create a notepad in the Case window with a Subject heading ‘UNCRAM application forwarded’. Copy the text of the letter into the notepad, see Documenting Child Support information.

Advise the payee their UNCRAM application has been forwarded to the overseas authority:

• create MX0-1 Unique letter using free text, see Letters Cuba Process Help
• explain:
• their application to establish a maintenance liability has been sent to the overseas authority, and
• Child Support has asked the overseas authority to keep us informed of progress and if unable to act, to advise of reasons and return the documents

If required, seek approval for the unique letter, see Letters Cuba Process Help.

If an overseas court or authority makes an order, either parent may apply to Child Support for the overseas liability to be registered in Australia. If there is an Australian assessment already registered, this ends if Child Support registers the overseas liability. Note: any arrears payable under the pre-existing assessment remain payable.

For more information about registering overseas maintenance liabilities, see Registration of overseas maintenance liabilities (excluding New Zealand).