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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:

  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.
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Can my husband and I come to our own arrangement about 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.