Parents can negotiate, agree, and produce in writing an agreement about the future financial support of their children. Any such agreement must be in writing and must be:
- In writing;
- Signed by all parties.
Types of Child Support Agreements
There are two types of agreements:
A. Limited Child Support Agreements
- a. There must be an administrative assessment of child support in place;
- b. The annual rate of child support payable under the Agreement must be equal to, or greater than, the annual rate of child support payable under the Assessment of child support by Services Australia;
- c. Parties to the Limited Child Support Agreement are not required to obtain legal advice but obviously can do so if they wish;
- d. It can be registered and accepted by the Child Support Agency/Services Australia.
B. Binding Child Support Agreements
- a. There is no necessity for an administrative assessment for child support to be in place;
- b. Child support payable does not need to be equal to, or greater than that assessed by Services Australia;
- c. Each party must obtain separate and independent legal advice and lawyers must sign certificates attached to the agreement for it to be binding.
Lodging the Child Support Agreements
A Limited Child Support Agreement or a Binding Child Support Agreement can be lodged for acceptance and accepted by the Child Support Agency/Services Australia.
Eligibility Requirements for Child Support Agreements
Specific eligibility requirements must be met, including:
- i. The Liable Parent must be a resident of Australia or a reciprocating jurisdiction (see link Reciprocating Jurisdiction with Australia for Child Support);
- ii. Parties to the agreement must not be living together in a domestic relationship;
- iii. The child/children must be eligible children, meaning under the age of 18 years, unmarried, and not living in a domestic de facto relationship;
- iv. The child/children must be Australian citizens or usually live in Australia or in a reciprocating jurisdiction.
Situations Where Services Australia Will Refuse an Agreement
Services Australia will refuse to accept an agreement if:
- (a). It contains a provision that child support payable to a person who has less than 35% care of the child/children;
- (b). Assessment commences with an application from an overseas authority of a reciprocating jurisdiction and the overseas authority of a reciprocating jurisdiction does not support the acceptance of the agreement.
Accessing Your Online Account for Child Support
Your online account for child support can be accessed through MyGov:
International customers can call +61 131 272 or +61 3 6216 0864.
For language assistance, call 131 450.
For Hearing/Speech Impairment customers, contact TTY Service call 1800 810 586.
Returning Limited or Binding Child Support Agreements
Return Limited or Binding Child Support Agreements:
- Online or via Express Plus Child Support mobile app
- By Fax: 1300 309 949 or for International customers +61 362 160 899
- By Post:
Services Australia
GPO BOX 9815
Melbourne VIC 3001
Australia
Legal Assistance from Pearsons Lawyers
Pearsons Lawyers provide general advice only. They have a team of specialist family lawyers who can provide timely and accurate advice on all matters following a separation, including parenting and property matters.
To arrange your first appointment, contact Pearsons Lawyers today on 1300 699 688 and “know where you stand”.
