There are two types of Child Support Agreements:
Our experienced family lawyers will advise you on the benefits and risks associated with these agreements, and help you make the best choices for your family.
Limited child support agreements must be in writing, and signed by both parents. A Child Support Assessment (conducted by the Child Support Agency through the Department of Human Services) must be in place before you can enter into a limited child support agreement.
You don’t need legal advice to enter into a limited child support agreement, but you do need to ensure that the annual rate of child support payable in the agreement is equal to or greater than the rate given in the child support assessment.
Limited child support agreements must be registered by the Registrar of the Child Support Agency.
You can end a limited child support agreements in the following circumstances:
Binding child support agreements must be in writing and signed by both parents.
Both parties must obtain independent legal advice in relation to that agreement, prior to entering into the agreement. The agreement needs to include a certificate of each party’s legal practitioner to show that both parties have received advice covering:
As part of the process, both parties must disclose to the other party their financial circumstances.
The amount of child support payable in the agreement does not have to be equal to or greater than the rate given in the child support assessment (unlike in limited child support agreements).
Parents can agree to payment of child support through regular payments, lump-sum payments, or payments towards expenses.
The terms of a binding child support agreements can only be changed by a termination agreement, an order of the court, or by entering a new binding child support agreement.
To enter into a termination agreement, or a new binding child support agreement, both parties must again receive independent legal advice from a family lawyer.
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