What are Binding Child Support Agreements

What is necessary for a Binding Child Support Agreement to be valid & enforceable 

For a ‘Binding Child Support Agreement’ to be found by a Court to be a legaly valid and Binding Child Support Agreement able to be enforced:

  • It must be in writing;
  • It must be signed by both parties to the Agreement;
  • Both parties to the Agreement must each obtain their own Independent Legal Advice as to:
  • The effect of the Agreement on the rights of the parties; and
  • The advantages and disadvantages to that person of entering into the Agreement;
  • It must not have been terminated under section 80D of the Act; and
  • An original or copy of the Agreement must be given to each party after the Agreement has been signed;
  • It must be registered.

 



 

The amount of Child Support the Binding Child Support Agreement says is payable, may be more or less than the amount which would be payable under a Child Support Agency formula assessment.

A Child Support Agency formula assessment does not need to be in place before the Binding Child Support Agreement is registered.

Once it is made, a Binding Child Support Agreement cannot be varied.

Once entered into, a Binding Child Support Agreement can only be terminated if:

  • Both parties to the Agreement each obtaining their own Independent Legal Advice;
  • Both parties to the Agreement enter into either:
    • A Termination Agreement; or
    • A new Binding Child Support Agreement which terminates the previous Agreement.
  • A Court Order terminating the Binding Child Support Agreement is made. A Court Order will only be granted in very limited circumstances.

 

Child Support: What else you should know about

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 information sheet What is Child Support and Child Maintenance.

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

We also have a separate information 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 information 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 information 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 information sheet What if I disagree with a Child Support Agency Decision.

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 information sheets:

 

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