What are my Child Support Options?

Child support payments cover reasonable living expenses of a child. For example, food, housing and accommodation, clothing, school fees and medical expenses. Child support can be formalised through a private agreement between the parties. This can come in the form of a Binding Child Support Agreement, or a Limited Child Support Agreement.

1. Binding Child Support Agreement

This is a written agreement signed by both parents and can be for any amount that both parents have agreed to. An assessment by the child support agency, Services Australia, is not required. Both parents will need to obtain independent legal advice before the Binding Child Support Agreement can become effective. The agreement must contain an acknowledgement that independent legal advice has been provided. Having a formalised child support agreement means that the payments that are covered and the amount each parent is expected to contribute are clearly defined.

2. Limited Child Support Agreement

This agreement on the other hand is less formal than a Binding Child Support Agreement, but firstly requires an assessment to be made by Services Australia. The payment amount must be equal to or greater than the assessed amount. Legal advice is not required. A Limited Child Support Agreement can be in place for three years, after which either parent can terminate the agreement. Both Binding Child Support Agreement and Limited Child Support Agreement can be registered with Services Australia. If the parents do not wish to put a private agreement in place, then a parent can make an application to Services Australia.

3. Child Support Assessment

An assessment is made using a set formula governed by the Child Support Assessment Act 1989 (Cth). Factors that are accounted for include, the age of the child, the number of nights the child spends with each parent, incomes of each parent, and whether the parent has responsibility to any other children. Services Australia can then facilitate the collection and transfer of payments. Assessments are reassessed after a set period of time.

Ask Help To Our Expert Child Support Lawyer

Our experienced child support lawyers can assist you with any family law matters. Contact us for a FREE 15-minute family law consultation at 1300 111 835 or via email at enquiries@thefamilylawyer.com.au. We look forward to helping you achieve a better outcome.