Skip to navigation Skip to content

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

Expand/Collapse all sectionsExpand all


This document explains the process for referring certain matters to the Attorney-General’s Department (AGD). These matters include overseas maintenance and paternity issues.

Referring overseas maintenance and paternity matters to AGD

Child Support may receive certain applications only a court can address. Child Support refers these matters to AGD.

The following matters usually need to go to court:

  • establishing paternity where the payer is an Australian resident and the payee is a resident of the United States of America (USA)
  • establishing adult child support or spousal maintenance under the United Nations Convention on the Recovery Abroad of Maintenance (UNCRAM). See the Resources page for a link to the United Nations Treaty Collection website
  • confirming of an overseas provisional order in an Australian court
  • enforcing of a non-registrable maintenance liability entered in the Child Support Register. See the References page for Act. These liabilities can include:
    • periodic de facto maintenance
    • non-periodic amounts including lump sums
    • school fees
    • medical expenses

The Child Support Program Advice Team (CSPA) forwards matters to AGD after receiving a referral from a Program Support Officer (PSM).

AGD decides whether to start court action. They consider the relevant Australian law and international maintenance arrangements.

Registration of overseas maintenance liabilities (excluding NZ)

Variations to registered overseas maintenance liabilities (excluding NZ)

Applications for a child support assessment