Top Tips on Child Support Agreements

If you have recently separated from your spouse and have any kids, we recommend thinking carefully about what to do about a child support agreement.

During this guide, we will tell you everything you need to know about child support agreements and family law mediation solicitors. Here are our top tips.

What is a child support agreement?

A child support agreement is a written agreement between the parents of a child or children on the amount of child support that should be paid, to whom it should be paid, and how it will be paid. This child support agreement needs to be in writing and signed by both parents and all parties involved. There are two different kinds of agreements, including limited and binding:

• Limited child support agreements. The limited child support agreement can only be accepted if there is a child support assessment, also known as a CSA, put in place. The annual rate payable under the limited child support agreement is equal to or more than the annual rate of child support payable under the CSA. You don’t need to get legal advice before you enter into a limited agreement, but you can choose to get legal advice if you want. A limited child support agreement can only be made for up to three years.
• Binding child support agreements. A binding child support agreement can be created and accepted, even if a CSA has not been made. The binding agreement can be created for any amount, as long as all of the parties agree to it. Each of the parties involved needs to get independent legal advice before they enter into the agreement. They also need to attach a certificate that is completed and signed by each of the parties involved and their family law mediation solicitors. The binding agreement can only be ended if a new agreement begins and terminates it, or if a court order is created to end it, or if the care agreements change.

If you are thinking about signing a child support agreement, it is crucial that you truly understand what you are signing. We recommend getting independent legal advice from a family law mediation solicitor or lawyer if you are unsure about anything in the child support agreement.

Eligibility

When you apply for a child support agreement to be accepted, there are certain eligibility requirements that apply to the agreement. You need to meet all of the eligibility requirements in order for the child support agreement to be accepted, including:

• The children need to be under 18 years old
• The parties in the agreement can’t be living together
• The parent paying child support needs to be a resident of Australia or the country with the reciprocating jurisdiction on the day that the agreement is created
• The children need to be Australian citizens or currently or typically live in Australia

What can be in a child support agreement?

The parties can agree to the amount of child support that is paid and how it will be paid, including agreements like non-periodic payments, lump-sum payments, periodic payments, and changing the child support formula.