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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 50805
Experience:  24 years experience. Admitted in New South Wales and the UK.
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Child/Children maintenance obligation under Australian law

Customer Question

Child/Children maintenance obligation under Australian law for father lives New Zealand upon divorce
Submitted: 3 months ago.
Category: Australia Law
Expert:  Leon replied 3 months ago.

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Expert:  Leon replied 3 months ago.

Good Evening

You can apply for child support here and they will collect it from NZ

https://www.humanservices.gov.au/individuals/services/child-support/child-support-assessment

You make the application here and there is an agreement with NZ about collection

Expert:  Leon replied 3 months ago.

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Regards
Leon

Customer: replied 3 months ago.
Does spouse maintenance works the same way while live in Australian with my children and their father works and lives in New Zealand?
Expert:  Leon replied 3 months ago.

Good Evening

No spousal maintenance has to be ordered by the court.

Once you get the court order then you have to register it in NZ and then enforce it.

The Australian Courts cannot enforce orders overseas.

Customer: replied 3 months ago.
Getting divorced in NZ and will live in Australia, can I register court order of spouse maintenance granted in NZ with Australia and enforce it?
Expert:  Leon replied 3 months ago.

You can

if the person that is to pay for the maintenance is in australia the court can enforce here.

Customer: replied 3 months ago.
The person who will pay the spouse maintenance will continue work and live in NZ, so no then?
Expert:  Leon replied 3 months ago.

Good Evening

You do not need to register here. If they work in NZ you get the NZ courts to enforce it and send you the money in Australia

You do not need to register the order in Australia in that case.