Binding Child Support Arrangements

Get legal support in understanding child support entitlements and obligations.

‍

Child Support and Family Law

Generally, Child Support arrangements are dealt with directly with the Child Support Agency also known as Services Australia, with little or no involvement by lawyers. But sometimes parties decide they want to reach a different arrangement.

Our experienced family lawyers can assist with arranging a Binding Child Support Agreement for your unique circumstances.

‍

How Child Support works

The Child Support Agency has a formula to work out the amount that should be paid by one parent to the other.  This takes into account the income of both parents and the living arrangements of the children. With a focus on how many overnights they are with one parent and how many overnights they are with the other parent.

Most of the time, there is little involvement, if any, by lawyers in relation to child support payments.  If there is a concern about how the formula works or whether you disagree with the income of the other party, then the Child Support Agency has internal objection procedures that can be followed

‍

Reasons you might want to alter standard payments

• If parents agree they wish to come to an arrangement other than what was assessed.
• If Child Support payments are increased or reduced in the future as part of a property settlement.
• Parents may want to agree upon, and lock in, the payment of non-periodical payments, such as school fees, medical costs and extra-curricular activities.

‍

Preparation of a Binding Child Support Agreement

Both parents can agree they want to lock in a different Child Support payment amount than what is assessed by the Child Support Agency. Then we can prepare a Binding Child Support Agreement which is signed by both parties.

In order to be binding, it must be signed off by each parent with an independent solicitor each who has to give advice regarding the advantages and disadvantages of signing that agreement.

Once signed appropriately the Binding Child Support Agreement is registered with the Child Support Agency.