Child Support is a Financial Support provided by one parent to the other for the care for the child or children under the age of 18. The Child Support Agency may undertake an assessment to determine the amount payable and if necessary facilitate the collection of payments.
Some parents elect to enter into a Binding or Limited Child Support Agreement to formalise arrangements in relation to financial support for children. Our expert Solicitors at North Brisbane Law can assist you in determining the best approach in your matter.
We have outlined below some general information on Binding Child Support Agreements and Limited Child Support Agreements.
Binding Child Support Agreement
The following factors must be complied with in relation to a Binding Child Support Agreement:
- The Agreement must comply with Child Support Legislation;
- Each party must obtain independent legal advice;
- The agreement cannot be varied but can only be terminated by a new Binding Agreement or by terminating an Agreement;
- The Court can only set aside an agreement in limited circumstances, for example on grounds of fraud, undue influence or change of circumstances.
Limited Child Support Agreement
The following factors must be complied with in relation to a Limited Child Support Agreement:
- The Agreement must comply with the Child Support Legislation;
- The Agreement must be in writing and signed by each party;
- There must be an assessment in place and the annual rate of Child Support must be at least the amount payable under the Act;
- The Court can only set aside a Limited Child Support Agreement in limited situations, for example on grounds of fraud, undue influence or change of circumstances.
Child Support matters are very complex, particularly in circumstances where the parties have elected for the Child Support Agency to undertake an Assessment but one party does not agree with the outcome of the Assessment.
If you have any concerns about your Child Support matter, we encourage you to make an appointment with one of our experienced Solicitors for some expert advice.