What are Limited Child Support Agreements

What exactly is a ‘Limited Child Support Agreement’ 

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.

More Information on Child Support

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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