There are 2 types of child support agreements: limited child support agreements and binding child support agreements.

Limited child support agreements

A limited agreement can only be accepted by the Child Support Agency where you have a child support assessment in place. The annual rate payable under the agreement must be at least the annual rate of child support payable under the child support assessment.

Limited agreements can be ended if:
• all parties agree in writing to end the agreement
• it has been 3 or more years since you made the agreement
• the notional assessment of child support payable is varied by more than 15 per cent in a way not covered by the agreement (refer to Notional assessments on page 6 for further information)
• you make a new limited or binding agreement which includes a provision that terminates the existing agreement, or
• there is a court order that sets aside (ends) the agreement.

 

Binding child support agreements

A binding agreement can only be accepted if it includes a statement that each party has received independent legal advice before entering into the agreement and a certificate under section 80C of the Child Support (Assessment) Act 1989 is completed and signed by each party’s legal practitioner.
Binding agreements can be ended if:
• the parties enter into another binding agreement which includes a provision to end the existing agreement, or
• there is a court order that sets aside (ends) the agreement.

Note – A child support agreement that was made before 1 July 2008 is a special type of binding agreement. These agreements can be ended:
• in the same way as other binding agreements (see above), or if all parties agree in writing to end the agreement

 

Want more information on Child Support Agreements?

Telephone  us on 07 4031 1044, email us at info@rdlawcairns.com.au or contact us here.