Author: Vanessa Mathews

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:

1. The agreement must be in writing
2. Both parents sign the agreement
3. It must include a statement by each parent that they received independent legal advice on the matter of child support
4. Each parent has a Certificate of Independent Legal Advice from their own lawyer.  The parents may NOT use the same lawyer.
5. 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:

1. Requires a child support administrative assessment (see below).
2. It must be in writing.
3. Both parents must sign the agreement.
4. It does NOT require legal advice but it is recommended to consult with a Family lawyer.

Centrelink is part of the Department for Human Services.  They provide payments, including social security and child support.

Couples are encouraged to reach agreements on their own regarding child support.   Some couples are able to do this on their own without any outside intervention.  Other couples may require some help.  A Family Dispute Resolution Practitioner can often help parents work through the issue that come up regarding child support and other issues regarding children.

If a child is over the age of 18 and engaged in tertiary study it is possible to seek Adult Child Maintenance. A mental or physical disability of the child can also require such payments.

Orders for Maintenance need to be sought from the Court or it is possible to obtain these Orders by consent.

Child support lasts until your children are 18. The Court may order payments after the child turns 18 for educational expense or if there is an ongoing disability. You will need to get legal advice.

Child support lasts until your children are 18. The Court may order payments after the child turns 18 for educational expense or if there is an ongoing disability. You will need to get legal advice.

Both parents have an obligation to financially support their children until they are at least 18 years old. A new partner does not have a legal obligation to support the child.

It is possible that you will have less child support to pay. You can contact the CSA online.

The CSA requires proof that a paying parent is a biological or adoptive parent of a child. Proof could be the parent’s name on the child’s birth certificate. The CSA will only issue a child support assessment to a person if proof can be provided that the paying parent is a biological or adoptive parent of the child.

If you cannot provide acceptable proof, you may need to take court action and have DNA testing done. Seek legal advice if you need proof of parentage.

A parent, a child or anyone else concerned with the welfare of the child can apply for a parenting order. This applies to grandparents and step parents.

If there is a dispute about liability to pay child support, a court can make an order for parentage testing. The court can order repayment of the child support if parentage testing shows a person is not the child’s parent.