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



This page contains a link to the Level 2 Policy Helpdesk online form and an example where the payer has entered a reciprocal jurisdiction (including Australia) and text that must be used in a Q888 letter advising payee they must tell Child Support and Centrelink if they learn the whereabouts of the payer.

Examples

Payer has entered a reciprocal jurisdiction (including Australia)

Megan and Robert met and married in Russia. Megan gave birth 2 years later, but their relationship broke down shortly after the child was born.

Megan (who is an Australian citizen), decides to return home to Australia to raise the child. As Russia is a non-reciprocal country, Megan was not required to pursue maintenance.

Six months later, Robert who has dual citizenship, decides to move to Australia. Robert advised Megan of the date of entry to the country, January 15, for custody reasons.

Megan's DMA period commences on January 15.

Letter text

This letter text is used to prepare the Q888 letter sent to the payee to advise in writing that if the paying parent’s place of residence changes, they need to contact Centrelink and may be required to take maintenance action.

Dear [customer/title/surname]

Child Support is not able to register a case for [affected child name/s] because the payer resides in a non-reciprocal or excluded jurisdiction. As a result, it has been decided you will be exempt from taking action to obtain child support.

This may be reviewed in the future. If this happens, [you or your partner] may be contacted to confirm whether any of these details have changed. [You or your partner] must also tell us within 14 days if you commence to receive any amount of child support directly from the other parent, or if you become aware the other parent has moved to another location, as they may now be residing in a reciprocal jurisdiction.

This is an information notice given under family assistance law.

This letter text is used to prepare the Q888 letter sent to the payee to advise in writing that if the whereabouts of the payer become known to them, they need to re-apply with Child Support and advise Centrelink.

Dear [customer/title/surname]

Child Support is not able to register a case for [affected child name/s] because the other parent cannot be located overseas. We therefore consider it too difficult for [you and/your partner] to meet the Maintenance Action test for [this child/these children]. As a result, it has been decided you will be exempt from taking action to obtain child support.

This may be reviewed in the future. If this happens, [you or your partner] may be contacted to confirm whether any of these details have changed. [You or your partner] must also tell us within 14 days if you commence to receive any amount of child support directly from the other parent, or become aware of the other parent's location (either in Australia or overseas).

This is an information notice given under family assistance law.