Following their divorce or separation, the parents of a child have a number of matters that will have to either be agreed or failing agreement, ordered by the Family Court. For these, seeking the help of your family lawyers is strongly recommended to ensure that you, and more importantly, your child has the appropriate legal advice and representation.
Although it is an unusual occurrence, one matter which family lawyers are often asked to advise on is where a parent is in receipt of child support from the child’s other parent but then the payments stop, and the reason for that is the parent liable for the payments has gone overseas.
The immediate thought of the parent still here is that given the child support order came from a family court in Australia, that there is little that can be done if the other parent is now living in another country, where for the most part, an Australian law, family or otherwise, has no bearing.
For many laws, and legal scenarios that might be true, but the fact that a parent is now overseas despite being liable for child support payments, does not mean that the remaining parent has no recourse in order to try to get the child support payments from them.
Apart from seeking help from a family lawyer, one step which should not be regarded as pointless is to try to communicate with the parent who has gone overseas to try to persuade them to restart and continue to make the child support payments. If you are still on friendly terms with their family such as the child’s grandparents, it could be that they have some influence to bear in terms of persuading them to do the right thing.
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