Can You Enforce a Maintenance Order If the Other Party Goes Overseas?
Whenever two parents go through a divorce, complications unfortunately arise. They may need to untangle their assets and agree about how things should be divided, and they will definitely need to take care of the children and make appropriate plans for their future. While this situation can often result in a child support and spousal maintenance order, additional complications could surface if one of the parties decides to leave the country. What should you do if you're involved in just such a situation?
Making a Fresh Start
It's not unusual for a party to a divorce to want to start afresh. They may decide to move elsewhere in Australia or, sometimes, go overseas. This can definitely present a challenge when it comes to the child sharing their time equally with each parent, but it can sometimes present a challenge financially as well. If you are the one who is receiving assistance from your ex, you will need to be sure of your grounds once they leave.
Reciprocal Agreements
Much will depend on the country involved and, specifically, whether it has a reciprocal agreement with Australia in such matters. In short, the country must be on a list of such nations to make matters relatively easy, and the maintenance order in question has to be assessed, agreed on or ordered in the overseas jurisdiction. You need to ensure that such a declaration is made by an approved judicial or administrative authority in that overseas country; when that happens, life will be a lot easier.
Linking the Dots
To begin with, get in touch with a family lawyer and ask them to do some research. They will tell you whether the country in question has a reciprocal agreement that covers registration and enforcement of spousal maintenance. If they do, the case will need to be recorded in the overseas country and linked to the case back home.
Accessing Funds
Once all of that paperwork has been taken care of, you will be able to access the funds. If need be, you can set up a direct deduction from their overseas bank account to yours or seek another legal redress if any problems should arise.
Advance Warning
It is best to address this type of scenario before the other parent leaves the country. You need to know whether they are going to a reciprocal nation or not so that your position can be safeguarded. Again, work with a family lawyer here for professional help.