Parris & Parris

[2021] FedCFamC2F 13

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Parris & Parris [2021] FedCFamC2F 13

File number(s):

MLC 1320 of 2021

Judgment of:

JUDGE A KELLY

Date of judgment:

8 September 2021

Catchwords:

CHILD SUPPORT – discharge or variation of overseas order for child support – where Superior Court of California makes order for child support, including that it cease upon child attaining majority – where father seeks retrospective discharge of orders – where two of the parties’ children are now adults – where the applicant father is now liable to pay child support for two younger children – where applicant pays no child support from 2015 to 2020 – where mother seeks enforcement of order via Californian Child Support Services Department – where mother registers Order in Australia – where applicant in substantial arrears applies for discharge of order of Superior Court of California – where Australian earnings are withheld and applied in satisfaction of liability – where father accepts ongoing liability for child support – where two elder children are now adults – where father seeks that liability be reassessed, retrospectively, to take account of evolving and present circumstances – applicable principles – whether just cause shown for discharge – whether liability for child support for all children may be reassessed in Australia including for a child not resident in Australia – orders to vary child maintenance.

SPOUSAL MAINTENANCE – discharge or variation of overseas order for spousal maintenance – where Superior Court of California makes order for spousal support – where order provides for spousal support to cease on respondent’s death or remarriage – where applicant migrates to Australia, remarries, becomes an Australian citizen and father to two further children – where applicant secures employment in 2015 – where applicant pays no child support from 2015 to 2020 – where mother seeks enforcement of order via Californian Child Support Services Department – where mother registers Order in Australia – where Australian earnings are withheld and paid in satisfaction of liability – where applicant, in substantial arrears, applies for discharge of order of Superior Court of California – whether just cause shown for discharge – orders to vary spousal maintenance.

PRIVATE INTERNATIONAL LAW – Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007 (No 38) – Convention on the Recovery Abroad of Maintenance 1956 – where judgment of Superior Court of California determines liability of applicant to pay spousal and child support – where applicant departs United States and becomes Australian citizen – where applicant is resident in Australia – where applicant father to two younger children – where applicant is in arrears of liability to pay spousal and child support to former spouse and children in United States – where two of those children are now adults – where applicant now liable in Australia for child support of younger children – where liability under judgment entered on Child Support Register in Australia – where Child Support Registrar gives notice to…