TREATIES AND OTHER INTERNATIONAL ACTS SERIES 02-1212

________________________________________________________________________

CHILD

Maintenance 

Agreement between the

UNITED STATES OF AMERICA

and AUSTRALIA

Agreement signed at Canberra December 12, 2002
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
AUSTRALIA

Child: Maintenance

Agreement signed at Canberra December 12, 2002;

 Entered into force December 12, 2002.
AGREEMENT BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF AUSTRALIA

FOR

THE ENFORCEMENT OF MAINTENANCE (SUPPORT) OBLIGATIONS
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES O

AMERICA AND THE GOVERNMENT OF AUSTRALIA

FOR THE ENFORCEMENT OF MAINTENANCE (SUPPORT) OBLIGATION

The Government of the United States of America

and

The Government of Australia (hereinafter referred to as the Parties),

Resolved to establish a uniform and effective framework for the enforcement of maintenan

obligations and the recognition of maintenance decisions, and

In accordance with procedures for the conclusion of reciprocal enforcement of maintenan

agreements provided for by the law of Australia and authorized by the United States Cong

in section 459A of the Social Security Act, Title 42, United States Code, section 659A,

Have agreed as follows:

Article 1

Objective

1. Subject to the provisions of this Agreement, the Parties hereby seek to provide for:

a the recovery of maintenance or the reimbursement of maintenance to which 

maintenance creditor or a public body having provided benefits for a maintenance

creditor in one Party (hereinafter referred to as the claimant) is entitled from a

maintenance debtor who is subject to the jurisdiction of the other Party (hereinafter

referred to as the respondent), and

b. the recognition and enforcement of maintenance orders, reimbursement ord

and settlements (hereinafter referred to as maintenance decisions) made or recognize

either Party.

Article 2

Scope

1. This Agreement shall apply to maintenance obligations arising from a marriage or

parentage, including a maintenance obligation towards a child born out of wedlock. Howe

a maintenance obligation towards a spouse or former spouse where there are no minor
children will be enforced in the United States under this Agreement only in those States an

other jurisdictions of the United States that elect to do so.

2. This Agreement applies to the collection of payment arrears on a valid maintenance

obligation and any applicable interest on arrears and to the modification or other official

change in amounts due under an existing maintenance decision.

3. The remedies provided for in this Agreement are not exclusive and do not affect the

availability of any other remedies for the enforcement of a valid maintenance obligation un

the law of either Party nor do they preclude the Parties from entering into international

agreements addressing these issues.

Article 3

Central Authorities

1. The Parties shall each designate a body as Central Authority which shall facilitate

compliance with the provisions of this Agreement.

2. The Central Authority for Australia shall be the Child Support Registrar.

3. The Central Authority for the United States shall be the Office of Child Support

Enforcement in the Department of Health and Human Services, as authorized by Title

IV-D of the Social Security Act.

4. The Parties may designate additional public bodies to carry out any of the provisions 

this Agreement in coordination with the Central Authority.

5. Any changes in the designation of the Central Authority or other public bodies by one

Party shall be communicated promptly to the Central Authority of the other Party.

6. Communications may be addressed by the Central Authority or other public body of 

Party directly to the Central Authority or other responsible public body of the other Party 

designated by that Party.

Article 4

Applications and Transmission of Documents and Judicial Assistance

1. An application for the recovery or reimbursement of maintenance from a respondent 

one of the Parties (hereinafter the Requested Party) shall be made by the Central Authority 
other designated public body of the other Party (hereinafter the Requesting Party), in

accordance with the applicable procedures of the Requesting Party.

2. The application shall be made on a standard form to be agreed upon by the Central

Authorities of both Parties, and shall be accompanied by all relevant documents.

3. The Central Authority or other designated public body of the Requesting Party shall

transmit the documents referred to in paragraphs 2 and 5 of this Article to the Central

Authority or other designated public body of the Requested Party.

4. Before transmitting the documents to the Requested Party, the Central Authority or

other designated public body of the Requesting Party shall satisfy itself that they comply w

the law of the Requesting Party and the requirements of this Agreement.

5. When the application is based on, or the documents include, a decision issued by a

competent court or agency establishing parentage or for the payment of maintenance:

a. the Central Authority of the Requesting Party shall transmit a copy of the

decision certified or verified in accordance with the requirements of the Requested

Party;

b. the decision shall be accompanied by a statement of finality or, if not final, a

statement of enforceability and by evidence that the respondent has appeared in the

proceedings or has been given notice and an opportunity to appear;

c. the Central Authority or other designated body of the Requesting Party shal

notify the Central Authority or other designated body of the Requested Party of any

subsequent change by operation of law in the amount required to be enforced under 

decision.

6. In carrying out their tasks under this Agreement, the Parties shall provide each other

assistance and information within the limits of their respective laws and consistent with any

treaties related to judicial assistance in force between the Parties.

7. All documents transmitted under this Agreement shall be exempt from legalization.

Article 5

Functions of the Central Authority of the Requested Party.

The Central Authority or other designated public body of the Requested Party shall

take on behalf of the claimant all appropriate steps for the recovery or reimbursement of

maintenance, including the institution and prosecution of proceedings for maintenance, the
determination of parentage where necessary, the execution of any judicial or administrative

decision and the collection and distribution of payments collected.

Article 6

Cost of Services

All procedures described in this Agreement, including services of the Central

Authority, and necessary legal and administrative assistance, shall be provided by the

Requested Party without cost to the claimant. The costs of testing blood or tissue for

parentage determinations shall be borne by the Party in which the proceeding takes place. A

Party may assess costs against the respondent appearing in that Party's jurisdiction.

Article 7

Recognition and Enforcement of Maintenance Decisions

1. Enforceable decisions for family maintenance issued by the courts or other authorize

agencies of one Party shall be recognized and enforced in the courts or other authorized

agencies of the other Party to the extent that the facts in the case support jurisdiction,

recognition and enforcement under the applicable law and procedures of the latter Party.

2. In proceedings before a judicial or administrative authority of one Party to establish 

enforce maintenance obligations, the authority:

a. shall recognise a determination of parentage made in the territory of the oth

Party if the determination is a finding by a judicial authority, an entry in a public

register of births or an instrument of acknowledgment by the parent which is regist

with a public authority, and

b. may recognise a determination of parentage made in the territory of the oth

Party which is not of a kind referred to in paragraph 2a above.

3. A determination recognised in accordance with article 7.2 shall be recognised to the

extent that the facts in the case support jurisdiction and recognition under the applicable law

and procedures of the Party in which proceedings to establish or enforce maintenance

obligations occur.

4. Where an authority declines to recognize a determination of parentage referred to in

paragraph 7.2(b) above, the Central Authority or other designated public body of the

Requested Party shall take all appropriate steps in accordance with article 5 to institute and
prosecute proceedings in territory of the Requested Party on behalf of the claimant for the

determination of parentage.

5. Orders entered or decisions made after the failure of the respondent to appear in the

proceedings shall be considered as decisions under paragraphs 1 and 2 above if it is

demonstrated that notice had been given and the opportunity to be heard had been afforde

a way to satisfy the standards of the Requested Party.

Article 8

Applicable Law

1. All actions and proceedings under this Agreement by either Party shall be carried ou

pursuant to the law including choice of law provisions and procedures of that Party.

2. The physical presence of the child or custodial parent shall not be required in

proceedings under this Agreement within the jurisdiction of the Requested Party.

Article 9

Geographical applicability

1. For Australia this Agreement shall apply to Australia including Norfolk Island, the

territory of Christmas Island and the territory of Cocos (Keeling) Islands.

2. For the United States of America, this Agreement shall apply to the fifty states,

American Samoa, the District of Columbia, Guam, Puerto Rico, the United States Virgin

Islands, and any other jurisdiction of the United States participating in Title IV-D of the S

Security Act.

Article 10

Entry into Force

1. This Agreement shall enter into Force on the later of the dates on which each Party

notifies the other Party in writing through the diplomatic channel that the legal requiremen

for entry into force have been fulfilled.
FOR THE GOVERNMENT

OF THE UNITED STATES OF

AMERICA

2. This Agreement shall apply to any outstanding maintenance decision or determination

described in Article 7, or payment accrued under such decision, regardless of the date of tha

decision or determination.

Article 11 

Termination

1. Either Party may terminate this Agreement by a notification in writing addressed to th

other Party through diplomatic channels.

2. The termination shall take effect on receipt of the notification. •

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed th

Agreement.

Done at Canberra, in duplicate this twelfth day of December 2002

FOR THE GOVERNMENT

OF AUSTRALIA

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