Child Support

Child Support is a financial support provided by one parent to the other for the care of a child under the age of eighteen (18). The Child Support Agency may undertake an assessment to determine the amount payable and, if necessary, facilitate the collection of the payments.

You may prefer to enter into a Binding or Limited Child Support Agreement to formalise an agreed arrangement between the parents. Hede Byrne and Hall can assist you in determining the best approach.

Binding Child Support Agreement

  • The agreement must comply with Child Support Legislation Amendment (Reform of the Child Support Scheme – New Formula and Other Measures) Act 2006 (Cth);
  • Each party must obtain independent legal advice;
  • The agreement cannot be varied but can only be terminated by a new binding agreement or by a terminating agreement;
  • The Court can only set aside an agreement on the grounds of fraud, undue influence or change of circumstances.

Limited Child Support Agreement

  • The agreement must comply with Child Support Legislation Amendment (Reform of the Child Support Scheme – New Formula and Other Measures) Act 2006 (Cth);
  • The agreement must be in writing and be 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 circumstances where the agreement can be set aside and the prohibition on varying the agreement are the same as for the binding agreement.