Binding Child Support Agreement

Child Support Agreements

Child Support Agreements are highly technical documents.

Periodic Payments (payments made through the Agency under an assessment) and Non-Periodic Payments (payments made directly to third-party suppliers, such as school fees, extra curricular, medical, uniforms, books, etc.) need to be clearly defined and specified.

The Agreement needs to also specify if there is any set-off between Non-Periodic and Periodic payments, and must also take into account the care arrangements for the children.

One big trap that people (including lawyers) who aren’t familiar with the Child Support Legislation fall into is making provisions for payments by the Primary Carer when the care percentages do not fall within the permissible ranges for the Primary Carer to be bound by such payments. In those circumstances, the Agreement may not be enforceable (in whole or in part).

Having a default Section 117 Application built into the agreement for provision to formalise the same as a Child Support Departure Order in the Family Court is another highly recommended tip to ensure that the terms of the Agreement, even if rejected by the Child Support Agency, for whatever reason, may still be able to be given effect by the Court and binding upon the parties.

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Make sure you speak with an Accredited Specialist Family Lawyer for more information. JosephDavid Lawyers are Accredited Specialist Family Lawyers with expertise in Child Support matters.

Our clients appreciate the transparency of our open, clear and regular communication through convenient email, SMS, phone or face-to-face conference. You are always kept in the loop with your matter and in control of how you want your dispute to be negotiated/litigated.

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