Overview of processing International cases with Australia

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Overview of processing International cases with
Australia
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Terminology
Non-custodial parent payer obligor Custodial
parent payee obligee
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What is the Child Support Agency?

• The Child Support Agency (CSA) is a federal
  government agency
• CSA is responsible for establishing child
  support assessments and enforcing child support
  payments
• CSA International is located in Hobart, Tasmania

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Australian child support assessments
Non-custodial parent resident in USA custodial
parent resident in Australia 1. CP in Australia
applies for an administrative assessment 2. CSA
makes assessment according to legislated formula
3. Notice of assessment sent to NCP in USA NCP
can object 4. CSA seeks voluntary payments from
NCP in USA 5. If NCP does not pay voluntarily,
CSA sends case to the relevant state authority in
USA
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Australian child support assessments
Step 1 an application for administrative
assessment - CP can apply over the phone - 28
days to process application - Presumptions of
parentage
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Australian child support assessments
Step 2 - administrative assessment according to
a formula - Formula is based on the income of
both parents and a percentage based on the number
of children - Income information may be provided
by the NCP or the relevant state authority
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Australian child support assessments
Step 3 Notice of assessment details sent to NCP
in USA - Location requests - NCP can object
against the assessment - In writing - Within
90 days
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Australian child support assessments
Step 4 CSA seeks voluntary compliance Step 5
CSA sends assessment to USA under the
Australia-US reciprocal agreement - An
Australian child support assessment has the same
force and effect as a court order - CSA uses
standard forms to send an assessment to USA

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Australian child support assessments
Payments to the custodial parent - All
payments should be sent to CSA, not directly to
the CP - Cheques for less than AU10 cannot be
cashed - CSA converts payments to Australian
dollars - Exchange rate on the day the payment
is banked - Electronic disbursement to the CP
bank account - 100 per cent of all payments go
to CP
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Australian child support assessments

• Jurisdiction
• Australia has different rules of jurisdiction to
  the USA.
• When the non-custodial parent is resident
  overseas
• Jurisdiction to make an assessment is based on
  the residence of the custodial parent and child
  in Australia when the application is made
• Australia does not need to establish long arm
  jurisdiction over the non-custodial parent

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Australian child support assessment
Variations to an assessment in Australia 1.
Normally an assessment is updated every 15 months
to use more recent income information of both
parents. 2. An administrative assessment can
also be varied in Australia from time to time
- Changes in income - Change of care 3. Change
of Assessment Reviews
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Australian child support assessments
Variations to an assessment in the US
Australia does not recognise the jurisdiction
of the USA to vary the amount payable under a
child support assessment or to cancel arrears.
The original assessment is still considered to be
enforceable in Australia.
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Enforcement of US orders in Australia
Non-custodial parent resident in Australia and
custodial parent resident in USA A US child
support decision can be recognised and enforced
in Australia if it - is made by a judicial or
administrative authority - provides a periodic
amount for maintenance Any arrears will also be
registered for enforcement.
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Enforcement of US orders in Australia
How to apply for recognition and enforcement in
Australia - Request to register - Arrears
statement - 1 copy of the order or decision
Effect of recognition under Australian law
Once a US decision is recognised in Australia
it becomes enforceable under Australian law. The
non-custodial parent in Australia is legally
required to pay the child support to CSA in
Australia.
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Enforcement of US orders in Australia
Enforcement of a decision registered in
Australia - Encourage voluntary compliance -
Administrative enforcement - Employer
withholding - Third party collection - Tax
refund intercepts - Legal action is a last
resort
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Enforcement of US orders in Australia
Payments to the US - CSA can send payments to
the relevant state authority or directly to the
custodial parent - Cheques issued in US -
Monthly payment cycle
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Enforcement of US orders in Australia
Variation of a US order in Australia - CSA
cannot vary an order. - A non-custodial parent
in Australia can apply to the Family Court for a
variation. CSA must give effect to such a
variation when enforcing the order.
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Petition for an Aus assessment
Non-custodial parent resident in Australia and
custodial parent resident in USA - Application
process - Appeal process
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How to contact CSA
Web site www.csa.gov.au Email
csaoverseas_at_csa.gov.au Phone [phone]
(international call charges apply) Office hours
Monday - Friday 8.30am 4.45pm (AEST)