Drafting a child support agreement

Introductory note:
This is a suggested checklist of matters that you need to discuss with your client before he or she enters into a child support agreement or when negotiating a child support agreement. Choose a child support agreement to suit the circumstances of both parties, either a limited or a binding child support agreement. It is advisable that the parties contact the Child Support Agency (CSA) to obtain a child support assessment based on their income and the level of shared care before negotiating any child support agreement.
Any agreement should be considered in the context of a possible property settlement between the parties. An agreement can include a lump sum provision, but usually refers to periodic payments to be made. An agreement must be in writing and signed by all parties. There are two types of agreements: limited and binding.

How to use this checklist:
Limited child support agreements can be accepted if there is a child support assessment in place and the annual rate payable under the agreement is equal to, or more than, the annual rate of child support payable under the assessment. The agreement must be accepted by the Child Support Registrar and lasts for three years. Legal advice is not required to enter a limited agreement.
Binding child support agreements can be made even if a child support assessment has not been made and refers to any amount agreed by the parties. Often it is used to make additional lump sum payments for the child. Each party must obtain independent legal advice before entering into the agreement and attach a certificate that is completed and signed by each party and their legal practitioner. This agreement can be suspended or terminated by agreement of the parties or by way of court order. An agreement can be varied where exceptional circumstances arise such as the eligible carer no longer having at least 35% of the care of the child. The Registrar can suspend the agreement for 28 days up to 26 weeks, or administratively terminate the agreement.

Introductory note:

This is a suggested checklist of matters that you need to discuss with your client before he or she enters into a child support agreement or when negotiating a child support agreement. Choose a child support agreement to suit the circumstances of both parties, either a limited or a binding child support agreement. It is advisable that the parties contact the Child Support Agency (CSA) to obtain a child support assessment based on their income and the level of shared care before negotiating any child support agreement.

Any agreement should be considered in the context of a possible property settlement between the parties. An agreement can include a lump sum provision, but usually refers to periodic payments to be made. An agreement must be in writing and signed by all parties. There are two types of agreements: limited and binding.

How to use this checklist:

Limited child support agreements can be accepted if there is a child support assessment in place and the annual rate payable under the agreement is equal to, or more than, the annual rate of child support payable under the assessment. The agreement must be accepted by the Child Support Registrar and lasts for three years. Legal advice is not required to enter a limited agreement.

Binding child support agreements can be made even if a child support assessment has not been made and refers to any amount agreed by the parties. Often it is used to make additional lump sum payments for the child. Each party must obtain independent legal advice before entering into the agreement and attach a certificate that is completed and signed by each party and their legal practitioner. This agreement can be suspended or terminated by agreement of the parties or by way of court order. An agreement can be varied where exceptional circumstances arise such as the eligible carer no longer having at least 35% of the care of the child. The Registrar can suspend the agreement for 28 days up to 26 weeks, or administratively terminate the agreement.

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