CHILD SUPPORT

Limited Child Support Agreements

Limited Child Support Agreements are different from Binding Support Agreements in that:

  • Limited Child Support Agreements can  be terminated far more easily;
  • The parties do not have to  seek Independent Legal Advice before signing a Limited Child Support Agreement; and
  • A Child Support Agency formula assessment needs to be in place before a Limited Child Support Agreements is registered; and
  • The amount of child support payable under the Limited Child Support Agreement must be higher than the amount assessed by Child Support Agency.

A Limited Child Support Agreement cannot be varied.

A Limited Child Support Agreement can be terminated if:

  • A new Child Support Agreement is entered into;
  • The parties agree in writing to terminate the agreement;
  • The notional assessment (used to calculate the Family Tax Benefit and the amount of child support payable if no agreement is in place) changes by more than 15% in circumstances not contemplated by the Agreement, and either parent provides written notice to the Registrar;
  • Either parent provides written notice to the Registrar after 3 years from the date of the agreement;
  • A Court Order terminating it is made.

Child Support: What else you need to know

Read about when payment of Child Support will stop.

There is a difference between Child Support and Child Maintenance. If you don't know what the difference is, you can read more in our fact sheet What is Child Support and Child Maintenance.

If you need to know who must pay Child Support, you can read more in our fact sheet Who is liable to pay Child Support.

We also have a separate fact sheet answering the question Does Child Support have to be paid.

Whether you arrange to have child support paid privately or collected through the Child Support Agency, you will need to know what to do to arrange for Child Support payments to start. This is explained in our fact sheet What is the procedure & steps involved for Child Support payments.

How much Child Support should be paid is commonly an issue between parents. There is a method the Child Support Agency use to assess Child Support which is explained in our fact sheet How is Child Support Calculated.

If you do not agree with the decision made by the Child Support Agency when they assessed the amount of Child Support to be paid then you should read the fact sheet What if I disagree with a Child Support Agency Decision.

Most commonly paying parents arrange to pay their child support from their wages, weekly, fortnightly or monthly. More significant lump sums can be paid, including a lump sum payment being made by the transfer of a house or unit. Read more in the fact sheet Can I do Lump Sum Child Support Payments.

Some parents reach agreement about how much child support should be paid. there are different types of private agreements you can enter into. Read more in the following fact sheets:

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Content By:
Michelle Beatty
MRB LAW

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