A Child Support Agreement is a formal agreement between parents about child support
payments. Those agreed payments can be made in the form of regular cash payments or
direct payments benefiting your children (eg school fees and expenses, medical insurance,
other health care expenses) or a combination of both.
There are 2 types of Agreements:
- Limited Child Support Agreements; and
- Binding Child Support Agreements.
Detailed below is a comparison of the features of the 2 types of Agreements:
Limited Child Support Agreement
Must be in writing and signed by both parents.
Can be made without obtaining legal advice.
There must be a Child Support Assessment already in place.
The child support payable must be equal to or more than the annual rate of the Child Support Assessment.
The terms do not take effect until the Agreement is registered with the Child Support Agency (CSA).
If the *Notional Assessment varies by more than 15% in circumstances not included in the Agreement either of the parties can elect to end the Agreement.
After 3 years either party can terminate the Agreement by written notice to the other person.
The parties cannot agree to accept a lump sum payment in lieu of receiving a periodic (weekly/monthly) amount.
Binding Child Support Agreement
Must be in writing and signed by both parents.
Both parties must receive independent legal advice before signing the Agreement.
Does not require a prior Child Support Assessment.
The support payable can be more or less than the amount payable under an assessment.
Needs to be registered with Child Support.
Once in place the Agreement will continue unless the parties:
• sign a further Agreement (with the same legal requirements of the original Agreement including legal advice); or
• obtain a Court Order.
The Agreement can only be terminated by a further Agreement or an Order of the Court.
Parties can agree to pay a lump sum amount instead of a periodic (weekly/monthly) amount.
- The Notional Assessment is the amount you would have received/paid under a child support assessment if there was no Agreement.
There is no substitute for specialised family law advice so if you have questions about child support or child support agreements please feel free to book a confidential appointment. We can assist you at all stages of the process, regardless of the path taken. Our lawyers provide advice based on the relevant facts and the individual needs of each client. No two cases or outcomes will be the same.