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QLD Medicare, Centrelink and Child Support Issues - What to Do?

Discussion in 'Family Law Forum' started by mkr, 11 January 2016.

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  1. mkr

    mkr Active Member

    11 January 2016
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    Hi there,

    My partner has a daughter 2-year-old, with fulltime care of her daughter by her (with my support also).

    Facts are:
    - Daughter has a dual Australian citizenship / PNG citizenship, born in Australia.
    - Mother is PNG Citizen, in Australia on multi-entry visitor Visa.
    - Father has a dual Australian citizenship / PNG citizenship, residing in Australia but working in PNG on FIFO arrangement. Paid in AUD to Australian bank account.
    - Mother and Father correctly cited on child's Birth Certificate.
    - I am an Australian Citizen, residing predominantly in PNG, where I work.

    Living arrangements.
    - Daughter is currently living in Australia, with Mother, at the house owned by myself in QLD (Cairns/Innisfail area).
    - Father, as described above, lives mostly in Aust, works in PNG.
    - I live with the daughter's mother, and child, apart from when needing to be away for work. When not in QLD, the mother and child reside at my residence here in PNG. Otherwise, I also live at my home in QLD.

    Issue #1 :
    Medicare for Daughter. Inquiry with Centrelink / Medicare office in Innisfail resulted in the decline of application for Medicare card for Daughter on the basis that Mother does not have permanent residency status in Australia. I would think that the status of the Daughter (B Australian Citizen, residing in Australia) would allow her to be issued a Medicare card?

    Can someone help me on how to approach this?

    Issue #2 :
    Child Support assessment.
    Father has had no involvement with the child since birth and has not paid one cent in Child support. Mother asked about a Child Support assessment at Centrelink but was not looked into by staff at Innisfail Centerlink, again because the officer cited that the Mother is not a permanent resident in Australia.

    I would think that if the Child is Australian, the father holds Australian citizenship, that there would be an obligation (apart from a moral one) to pay some child support payments to the primary carer of the child (currently the Mother).

    There are no court proceedings or orders at this time, of any type, with regards to custody, etc., of the Child.

    Will appreciate help on either issue.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    Child support isn't determined by the citizenship of the child, it's determined by the circumstances of the parents. PNG is an excluded jurisdiction, meaning it only recognises child support obligations that have been determined by a court of law. Ordinary obligations imposed by Australian legislation are not recognised in a reciprocal manner in PNG, which is why the mother, as a citizen of PNG, will experience difficulty recovering child support from the father under Australian law.

    As for Medicare, I'm unsure about this one, but it would be a good idea to contact Medicare and talk to them about the situation. If anyone else can offer some insight, I invite you to do so.

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