My husband and I live in a country which is listed in the Australian Child Support Regulations as a Reciprocating Jurisdiction.
However, there is an Act in this country, which is the law regarding reciprocal maintenance enforcement, and Australia has been notified as a designated reciprocating country for this Act. The Act specifically says that only court orders can be reciprocally enforced.
In the Australian CS Guide and Act, it says that Exempted Jurisdictions are those that have advised that they can only accept a court order. Section 30A of the Australian Child Support (Assessment) Act says that: No administrative assessment or acceptance of agreement if contrary to international maintenance arrangement.
I believe that when our country of residence made the original notification as a designated country, that this country should have been added to the list of Exempted Jurisdictions - clearly this is contrary to the international maintenance agreement in place.
I just don’t know how to pursue this line of thinking, the DHS-CS people would just say, oh, but it is listed as a Reciprocating Jurisdiction, so what. Any thoughts on how to pursue this as I do feel they have not acted within the intention of the Act or expected reciprocal arrangements.
However, there is an Act in this country, which is the law regarding reciprocal maintenance enforcement, and Australia has been notified as a designated reciprocating country for this Act. The Act specifically says that only court orders can be reciprocally enforced.
In the Australian CS Guide and Act, it says that Exempted Jurisdictions are those that have advised that they can only accept a court order. Section 30A of the Australian Child Support (Assessment) Act says that: No administrative assessment or acceptance of agreement if contrary to international maintenance arrangement.
I believe that when our country of residence made the original notification as a designated country, that this country should have been added to the list of Exempted Jurisdictions - clearly this is contrary to the international maintenance agreement in place.
I just don’t know how to pursue this line of thinking, the DHS-CS people would just say, oh, but it is listed as a Reciprocating Jurisdiction, so what. Any thoughts on how to pursue this as I do feel they have not acted within the intention of the Act or expected reciprocal arrangements.
