Protect your child's future with a child support agreement

Set their path with love and certainty. Binding Child Support Agreements provide stable support for growing years.

We are committed to securing your child’s future. Our team specialises in creating Binding Child Support Agreements. We understand that your children’s well-being is of the utmost importance. We know that family law can be confusing, especially regarding your children. That’s why our experienced team is here to guide you. We will help you create legally binding agreements tailored to your family’s needs.

We aim to protect your child’s future and ensure they receive the support and care they deserve. With our expertise, you can rest assured that you have established a solid foundation for your child’s growth and development.

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binding child support agreements

What Is a Child Support Agreement?

A child support agreement is a formal arrangement between parents in family law. It covers the financial support for their children following a separation or divorce. These agreements ensure that children receive adequate financial support from their parents. It covers various aspects of their upbringing and welfare, like school fees.

Child support agreements are handled by Australia’s child support agency, Services Australia.

The agreement typically includes details about the size of the child support payments, the frequency of payments, and how the payments will be made. It can also include provisions for other expenses like health insurance, educational costs, and extracurricular activities. The primary consideration in any child support agreement is the best interests of the child or children involved.

Common concerns

child support

❌ Discrepancies in reported income

Under the Child Support Assessment Act, child support assessments are partly determined by the parties’ incomes. There’s a risk that one party may try to misrepresent their financial position to avoid child support requirements.

✅ How we help

Andrews Family Lawyers works with experts such as forensic accountants to ensure complete financial disclosure by all parties. Our child support lawyers will work to secure appropriate financial support for your family.

❌ Non-payment or Underpayment

A common issue is the failure of the paying parent to meet their child support obligations, either by not paying the total amount or not paying at all. This can financially strain the custodial parent and affect the child’s welfare.

✅ How we help

We can advise on mediation opportunities to resolve payment issues. If necessary, we will also follow up with enforcement orders through the Family Court.

❌ Changes in Financial Circumstances

Parents may experience changes in their financial situation, such as job loss, decreased or increased income, or significant changes in personal circumstances. This can impact a party’s support requirements or ability to continue paying child support.

✅ How we help

If a party has experienced a change in financial circumstances, you may need a new child support agreement. You need to receive another administrative assessment to accommodate these changes. We can ensure you get a fair agreement that reflects your needs.

Two types of child support agreements

Limited child support agreement

A Limited Child Support Agreement allows parents to formally agree on financial support for their children following separation or divorce. These are some of the critical aspects of limited child support agreements.
Unlike Binding Child Support Agreements, parents do not need to obtain legal advice before entering into a Limited Child Support Agreement. However, seeking independent legal advice is still recommended to understand the implications fully.

A Limited Child Support Agreement requires a child support assessment to be in place. The amount agreed upon in the Limited Child Support Agreement must be equal to or more than the amount that would be payable under the assessment.

These agreements can be more easily changed or terminated than Binding Child Support Agreements. They can be ended by entering into a new Limited Child Support Agreement, a Binding Child Support Agreement, or after a significant change in circumstances. Additionally, they can be terminated unilaterally by either parent after three years.

If a parent fails to comply with the terms of the agreement, the other parent can seek enforcement through the Department of Human Services or the Family Court.

Considerations

A limited agreement guarantees a minimum payment amount tied to an objective child support formula. Our firm can help you pursue a limited agreement with the necessary financial documentation.

Binding child support agreement

A Binding child support agreement is the other primary way for parents to formally arrange for one spouse to pay child support. Binding agreements have specific differences from limited child support agreements. Here are some of the critical aspects of a binding child support agreement.

Binding child support agreement

A Binding child support agreement is the other primary way for parents to arrange for one spouse to pay child support formally. Binding agreements have certain differences from limited child support agreements. Here are some of the critical aspects of a binding child support agreement.
Unlike Binding Child Support Agreements, parents do not need to obtain legal advice before entering into a Limited Child Support Agreement. However, seeking independent legal advice is still recommended to understand the implications fully.

The agreement must be in writing and signed by both parties. The legal advice certificates from both lawyers must be attached to the agreement.

Parents have significant flexibility in determining the amount and terms of child support. The agreed amount can be more or less than calculated using the Child Support Formula.

Once made, a Binding Child Support Agreement is legally enforceable. If one party fails to comply with the terms, the other party can take legal steps to enforce the agreement.

Binding Child Support Agreements often provide long-term stability in child support arrangements. They reflect the financial capacities and expectations of both parents.

Considerations

Since no assessment is necessary, a binding agreement is more flexible than a limited agreement. However, it’s critical that the essential legal advice effectively covers how a proposed agreement affects you. Our team will work to ensure that an agreement accurately reflects your needs.

Ending an agreement

Child support agreements can’t be altered but may be terminated for various reasons.

  • A new agreement is put in place that provides for the previous agreement’s termination;

  • The parents sign a termination agreement;

  • A court order sets aside the written agreement;

  • The parent receiving the support payments ceases to be eligible.

  • Under a limited agreement, one or both parents can notify the Child Support Registrar of termination in writing. The agreement must have been in place for at least three years.

Tax implications

Receiving child support payments can affect a parent’s family tax benefit. Services Australia uses a Maintenance Income Test to determine the threshold over which support payments will begin reducing your benefit.

Conclusion

Child support agreements are a crucial consideration in divorce proceedings. When you understand the options and legal requirements, you can make an informed decision for your family. Please book a free consultation if you would like advice on the best way forward.

How Andrews Family Lawyers Can Help You?

Ensuring Full Disclosure

We ensure a complete and honest disclosure of financial information from both parties. This transparency is crucial to avoid any misunderstandings or ambiguities in the agreement.

Tailoring to Individual Needs

Our firm approaches every agreement case by case. We take the time to understand our client’s specific circumstances and needs. Using generic templates that might not cover all relevant issues could lead to misinterpretation.

Clarifying Terms and Conditions

We will clearly define the terms and conditions of the agreement. The terms may include the division of assets, spousal maintenance, and other financial obligations. This avoids ambiguity as part of our duty to provide independent advice.

Negotiation and Mediation Skills

We always emphasise negotiation and mediation over litigation. In cases of disagreements or potential for ambiguity, we will work to reach a clear and mutually agreeable solution.

Our Process

Planning The Case
  • Initial Consultation: Meet with the client to understand their specific needs and concerns.
  • Legal Research: Conduct thorough research to understand the legal implications of the case.
  • Strategy Development: Develop a comprehensive strategy tailored to the client’s situation.
Detailly Evaluate Situation
  • Financial Assessment: Review all financial documents and assets involved.
  • Parenting Assessment: If children are involved, evaluate the best interests of the child.
  • Risk Analysis: Identify any potential risks or challenges that may arise during the case.
File Case To The Court
  • Documentation: Prepare all necessary legal documents, such as petitions, affidavits, and financial disclosures.
  • Filing: Submit the case to the appropriate court jurisdiction.
  • Court Appearances: Represent the client in court hearings and negotiations.

Why Choose Andrews Family Lawyers?

Choosing a law firm that specialises in this area and puts your needs first is essential. Andrews Family Lawyers is an excellent option for a few reasons:

Expert Advice:

We deeply understand family law and can guide you step by step through the process. We’ll make sure everything is done correctly and efficiently.

Personalised Attention:

Every case is unique, so we take the time to understand your circumstances. Your concern will be tailored to your specific needs and goals.

Proven Success:

We have an excellent track record of handling cases successfully. You can trust us to handle your case with professionalism and care.

Client-Focused Approach:

We want to ensure you feel comfortable and informed throughout the legal process. We’ll do everything possible to make it as stress-free as possible.

Accessible and Supportive:

Our team is approachable and supportive. We’ll keep you informed every step of the way and provide the support you need to get through the process.

Confused About Binding Child Support Agreement? Get Clarity Here!

Meet Peter Andrews

Legal Practitioner Director

Peter is a qualified legal practitioner with over twenty years of experience, predominantly in family law. Peter began his career with Clayton Utz before moving into suburban practice in 2007 with a focus on family law settlements.

Peter began his practice, Peter Andrews Lawyer Pty Ltd, in 2013. After many years of success, the business was rebranded Andrews Family Lawyers in 2022.
Peter is a married father of three young, intelligent and often annoying children who are still lovely.

Trusted By Our Clients

With a proven track record in resolving complex family law issues, we've earned the confidence and trust of families across north Brisbane.

Peter Andrews was so helpful resolving an odd property dispute with an ex partner. He listened without judgement and acted quickly to resolve the matter, I honestly could not have copied without him, an absolute godsend!! Thank you Peter!

Lauren Myslinski CLIENT

Peter is an outstanding lawyer, with the knowledge, experience and stamina to succeed in family law matters. Would highly recommend his services to anyone who needs to achieve a successful outcome in their proceedings.

Fabio Mazza CLIENT

Need Expert Advice?

If you’re considering a binding child support agreements, it’s crucial to seek legal advice from a qualified family lawyer to guide you through the process is crucial. At Andrews Family Lawyers, we specialise in family law and can provide the expert advice you need. Contact us today to learn more.

Our Services

At Andrews Family Lawyers, our legal practice areas are carefully tailored to address a broad spectrum of family law matters. With a dedicated team of expert family law specialists in Brisbane and 20 years of experience, we excel in providing comprehensive legal services across various practice areas, ensuring that our clients receive the specialised guidance they need.

Let Us Help You !

We’re here to provide expert guidance and support for your legal needs.

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Frequently Asked Questions (FAQ's)

If you disagree with a child support assessment, you can file an objection with Services Australia to have the matter reviewed. You must file the objection within 28 days of receiving the decision letter stating the amount payable.

If you’re unsatisfied with Services Australia’s response, you may take the matter to the Administrative Appeals Tribunal. You may request a second review if you’re still unsatisfied and even put the matter to the Family Court.

Child support generally covers the essential expenses related to their welfare and development. These typically include:

  • Food;

  • Clothing;

  • Education expenses;

  • Medical expenses.

Limited agreements made through Services Australia don’t usually account for certain things, such as private school fees or extracurricular activities like sports. Binding agreements have a broader scope to include whatever the parents can agree to cover.

Several situations can end a child support assessment. Often, child support is set to end when the child turns 18. Other terminating events include:

  • The child is no longer an Australian citizen or resident, and the supported parent doesn’t live in a reciprocating jurisdiction;

  • The custodial parent has less than 35% of caring responsibilities, or the paying parent takes on at least 35% of care;

  • The parents reconciled for at least six months;

  • Both parents cease to be an Australian resident;

  • Services Australia accepts an application to end the assessment;

  • A clause in a binding child support agreement ends the assessment.