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

To determine if transmittal is appropriate:

• contact the payee, go to Step 2
• contact the payer to negotiate a payment arrangement, go to Step 5
• send request for contact to discuss outstanding payments letter to the payer if contact is unsuccessful, and
• send a Requesting information to refer case overseas letter and additional forms to the payee if payer contact is unsuccessful or the payer refuses to make an appropriate payment arrangement

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

Contact the payee(s):

• use the Collection and Debt macro to obtain information about the payer's circumstances including:
• location
• contact details, and
• income
• to ask if they have received any non-agency payment, see Non-agency payment (NAP)
• to confirm recorded bank account details are correct, see Disbursements of child support
• to 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
• to 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 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 Payer Collection window.

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

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 the Child Support Guide 1.5.2: International agreement and conventions.

Document the discussion in the Payer Collection window.

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 2.

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

If:

• a valid address is recorded, and
• in the last 6 months:
• The payer has refused to pay, and/or
• The payer has been advised that the case will be transmitted
• Department of Home Affairs check actioned to confirm payer has not entered Australia

See the 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 6
• If the payer refuses to make an appropriate payment arrangement, go to Step 7
• If unable to contact the payer, go to Step 8

If the payer makes an appropriate payment arrangement:

• record the payment arrangement, and
• advise if they default on the arrangement their case may be transmitted overseas for collection and enforcement

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

This is the end of the transmittal process, monitor for payment in line with Customer Management Approach (CMA) for Child Support.

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.

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 Mainstream Services
• 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
• 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

Send the following on the same day:

• to the payee - a Requesting information to refer case overseas letter and additional forms, and
• to the payer (only when contact was unsuccessful) - a Request for contact to discuss outstanding payments letter

Note: print all documents single sided.

Create an MX0-1 Unique letter to the payee:

• use the Transmittal Letters macro to create letter text. Select Requesting information to refer case overseas letter
• request the payee reply within 14 days from the date of issue
• print and attach:
• the Requesting information to refer case overseas, and
• additional forms where required for the application to be transmitted to the payer's country of residence - go to Step 3 for information

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.

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

• United Kingdom (UK) - Power of Attorney (UK) and Statement of Means forms (required for court)
• United States (US) - where parentage is a concern, that is, there is no birth certificate, court order, statutory declaration or adoption papers verifying that the payer is the parent (that is, in cases where it is presumption) attach the Parentage form (required to assist with establishing jurisdiction)
• United States (US) - Attach the General Testimony form (required to assist with establishing jurisdiction)
• Austria - UQ45.01 - Power of Attorney - Payer residing in Austria letter (required for court)
• Republic of Ireland - UQ45.02 - Power of Attorney - Payer residing in Ireland (required for court), or
• for all other countries (except Canada) UQ45.03 - Power of Attorney (required for court)

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

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 not completed or returned, go to Step 5.

If the transmittal questionnaire and additional forms are completed and returned, go to Step 6.

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

• ending the case, see Ending a Child Support assessment
• private collection and/or discharging arrears, see Collecting child support payments privately and/or discharging arrears
• Child Support determination not to pursue collection of the debt, see Non-pursuit of individual child support debts.

Note: 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.

If unable to contact 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. This is the end of the transmittal process.

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.

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).

If the payer responds to the letter, see Step 5 Table 1.

If the payer does not respond to the letter, go to Step 8.

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:
• the US and Child Support is satisfied that they are able to contend jurisdiction. Refer to the Child Support Guide 1.5.2: International, agreements and conventions, or
• a relevant reciprocal jurisdiction province of Canada

If the case is to be transmitted, see Transmittal of Child Support information (excluding NZ) - prepare case for transmittal.

If the case cannot be transmitted, refer case back to Mainstream Services.