Referring overseas maintenance and paternity matters to the Attorney-General’s Department 277-20030558

AGD may be able to help parents and spouses by bringing certain matters to court.

If the matter is about:

• establishing paternity, go to Step 2
• adult child support or spousal maintenance under UNCRAM. See the Resources page for UNCRAM details on the United Nations Treaty Collection website. Go to Step 4
• confirmation of an overseas provisional order, go to Step 5
• enforcing a non-registrable maintenance liability. See the References page for a link to the act. Go to Step 6

AGD will only start paternity action if it is necessary under an international maintenance agreement or arrangement. Action is only necessary under the Australia-USA Agreement.

Child Support must make a referral to AGD to establish paternity when:

• an application for a child support assessment is refused because presumption of parentage (PoP) was not satisfied
• the payee resides in the USA

Has a USA application for assessment been refused because PoP requirements for the parent in Australia was not met?

• Yes:
  • refer the application to AGD who will decide whether to start the process to establish parentage
  • go to Step 3
• No:
  • referral to AGD is not needed
  • procedure ends here

The following is required for referring a paternity matter to AGD:

• mother’s:
  • full name
  • date of birth
  • address
• child’s:
  • full name
  • date of birth
  • address
• putative father's:
  • full name
  • alias if applicable
  • date of birth
  • last known addresses
  • last known phone numbers
• relevant relationship details of the mother and putative father:
  • where the parents met
  • how long were they in a relationship
  • did they cohabit
  • city where the child was conceived

The USA maintenance authority will usually include this information in the application for assessment.

Child Support must advise AGD:

• if the putative father has been found in Australia
• if contact with the putative father has been attempted
• the outcome of any attempted contact including:
  • could not establish contact
  • paternity denied
  • refusal to sign a statutory declaration acknowledging paternity

The following, if available, will also help AGD:

• whether the mother was in a sexual relationship with anyone else around the time the child was conceived
• letters or emails between the parties that may help to substantiate the claim of paternity
• a photo of the putative father

Gather the required information and documents and go to Table 2.

A payee residing in an UNCRAM country can apply to an Australian court for:

• adult child support
• spousal maintenance

See the Resources page for UNCRAM details on the United Nations Treaty Collection website.

Child Support may receive a payee’s UNCRAM application from an Overseas Authority (OA).

Refer UNCRAM adult child support or spousal maintenance applications to AGD. They will start action in an Australian court on behalf of the payee.

The OA will usually provide the following in the application:

• a cover letter naming the international arrangement the application relies upon
• details of all parties involved
• relevant documents related to the application

Gather the available documents and go to Table 2.

An OA or parent may send a provisional overseas maintenance order seeking:

• registration by Child Support
• confirmation in an Australian court

Child Support can only register a provisional overseas order made in a reciprocating jurisdiction after an Australian court confirms it. However, an Australian court cannot confirm a provisional order if a parent could apply for a child support assessment.

Could a parent apply for a child support assessment?

See Child Support Guide 2.1.1: Applications for assessment for application requirements.

• Yes, send the OA or parent a unique letter explaining:
  • Child Support cannot register provisional orders
  • Australian courts cannot confirm a provisional order if an Australian child support assessment could be made
  • Child Support has not referred the provisional order to the Australian courts
  • Child Support can accept an application for a child support assessment
  • Child Support may be able to accept an application to register an overseas final order
• No:
  • the provisional order and any accompanying letter or documentation must be referred to AGD
  • the AGD will commence confirmation proceedings in an Australian court on the behalf of the parent
  • gather the available documents
  • go to Table 2

An overseas maintenance liability may not be registrable. A payee can apply for it to be entered into the Child Support Register. Non-registrable overseas maintenance liabilities include:

• periodic de facto maintenance
• lump sum spousal, de facto or child maintenance orders
• non-periodic maintenance liabilities such as insurance, dental costs etc.

The payee needs to name the international arrangement they are relying on when applying to enter a non-registerable overseas maintenance liability. Check the application and accompanying documents. If the arrangement is not named, contact the payee to ask for the details.

For the Agency to enter the particulars of the liability in the Register it must be consistent with that international arrangement.

When Child Support enters these liabilities in the Register they become a debt due to the payee. They are not due to Child Support or the Commonwealth. These are called overseas maintenance entry liabilities.

The payee can ask AGD to start debt enforcement action in an Australian court on their behalf. They can send their request via Child Support.

The following is needed to refer these matters to AGD:

• a copy of the order, agreement or assessment under which the liability arises
• a copy of the Child Support letter sent to the payee telling them of the liability’s entry into the Register

The payee will usually include these documents in their application.

Gather the required documents and go to Table 2.