Action to obtain child support when the paying parent is overseas - Maintenance Action Test (MAT) 277-51070130

If the payer is overseas, there may be different MAT requirements depending on:

• the customer's circumstances and
• which Stage of the Child Support Scheme applies (Stage 1 or Stage 2)

Child Support is able to accept an application for a child support assessment for a child if:

• the payer lives in a jurisdiction having a reciprocal arrangement for child support with Australia and
• proof of parentage exists

Evidence of parentage can include overseas documents. It is up to Child Support to work out if assessment and/or collection of child support is possible when the payer is overseas.

Norfolk Island, Cocos (Keeling) and Christmas Islands

From 1 July 2016, residents of Norfolk, Cocos (Keeling) and Christmas Islands may be eligible for a child support assessment for the first time.

Due to legislative changes effective from 1 July 2016, child support assessments can be made where the payer is a resident of the Cocos (Keeling) Islands, Christmas Island or Norfolk Island.

Additionally, from 1 July 2016, FTB recipients who held a Maintenance Action Test exemption due to the payer residing on Cocos, Christmas or Norfolk Islands may be eligible for a child support assessment against a payer residing on one of these islands.

See Maintenance Action Test (MAT) for Family Tax Benefit (FTB) customers.

Child Support will reject the application if the payer:

• is in a reciprocating jurisdiction and proof of parentage does not exist
• was not resident in Australia at the time of the application and there is not enough information available to determine the whereabouts of the payer, or
• is residing in a non-reciprocal jurisdiction

In these cases, the customer should be given an exemption from the MAT without referral to Legal Aid. It is considered unreasonable to force the customer to continue to pursue child support because of the expense and length of time involved and because the outcome is likely to be unsuccessful.

The customer can pursue this action, but they do not have to, to satisfy the MAT. The customer may request the assistance of the Attorney General's Department in relation to parentage testing or seeking a court order.

If the payer is in an excluded jurisdiction, the customer may have court orders that cannot be accepted by Child Support. These orders can be accepted by Centrelink and are coded manually.

If the payer is in a non-reciprocal jurisdiction, it is not considered reasonable to make the customer take maintenance action as Child Support is not able to enforce collection of a child support assessment or court order. In these cases, the customer should be granted a MAT exemption. Advise the customer if the paying parent's place of residence changes at a later date, they need to contact Centrelink and may be required to take maintenance action.