What is a Binding Child Support Agreement and what is a Limited Child Support Agreement?
There are two types of agreements parents can come to on their own regarding child support.
The first is called a “binding child support agreement” and there are several regulations regarding this type of agreement:
- The agreement must be in writing
- Both parents sign the agreement
- It must include a statement by each parent that they received independent legal advice on the matter of child support
- Each parent has a Certificate of Independent Legal Advice from their own lawyer. The parents may NOT use the same lawyer.
- It CANNOT be modified or changed. It can only be terminated and a new agreement written up.
Parents can agree to any amount of child support in a binding agreement, but if they agree to less than the amount the Child Support Agency would have provided, the difference is not made up by Centrelink.
A “limited child support agreement” restricts the parent’s ability to make their own arrangements. This agreement:
- Requires a child support administrative assessment (see below).
- It must be in writing.
- Both parents must sign the agreement.
- It does NOT require legal advice but it is recommended to consult with a Family lawyer.