Child support arrangements can be made either through:
- the Child Support Agency (CSA),
- or
- a private agreement between the parties.
When parties produce a private agreement relating to child support, the agreement can cover the level of financial support and how such financial support can be paid. The types of child support agreements which can be formalised are Limited Agreements or Binding Child Support Agreements.
What is involved in going to court?
Alternative dispute resolution requirements regarding children before instituting proceedings provide a need to obtain a certificate unless the matter is urgent.
Please note, that parties who choose to enter into their own private child support arrangements, must seek their own independent legal advice to ensure the validity of the agreement. If you need any assistance with a child support agreement, our experienced Family Law practitioners are able to help by giving you the best legal advice relating to your individual circumstances.
What are the requirements for creating Limited Agreements?
Limited Agreements can be revoked by either party under certain circumstances, such as a significant change in the amount that would be payable under the formula assessment, or that the agreement has been in operation for three years.
Legal advice is not mandatory in relation to Limited Agreements, however, an assessment must be evident and the amount payable under the agreement must be equal to, or greater than the assessable amount.
What are the requirements for creating a Binding Child Support Agreement?
In order to create a valid Binding Child Support Agreement both parties must produce a written document and most importantly, they must have sought detailed, independent legal advice.
Our lawyers are able to provide you with the type of assistance that you may require in order to produce a Binding Child Support Agreement, and to also obtain the necessary Certificate to formalise the Agreement.
A Binding Child Support Agreement can include:
- any payable amounts, including an amount that is less than an assessment
- lump sum payments or transfer of property
- periodic payments after an assessment has been carried out.