Child Support Agreements, get the essentials here
The Child Support Agency is responsible for administering Australia’s Child Support Scheme. How much child support will be paid or received is assessed by a formula which takes into account the income of both parents, the number of children and their ages.
There are two types of Agreements:
1. Limited Agreements; and
2. Binding Agreements
A Child Support Agreement is a formal Agreement signed by both parents which offers an alternative to the formula based assessment. It allows for a flexible way of arranging child support which will take into account your particular family situation.
If you are entering into a Limited Agreement you do not need to seek legal advice. There are two conditions which apply to a Limited Agreement, which are:
1. That you have a child support formula assessment; and
2. That the amount in the Agreement is equal or more than the child support assessed by the formula.
A notional assessment will be made every three (3) years. The Agreement can be ended by either parent if the notional assessment is more than fifteen percent (15%) greater than the agreed amount at any time, or there are circumstances which have arisen which were not considered by the Agreement. Either parent can end the Agreement after three (3) years.
A Binding Agreement is an Agreement which can be made which is binding on the parents for any period of time agreed or until the children reach eighteen (18) years of age. There are a number of conditions placed on these Agreements to ensure that they are binding, and these are:
1. Both parents must seek independent legal advice to enter into or end the Agreement.
2. Each parent’s lawyers must provide a statement that they have provided the parent with independent legal advice and the actual Agreement must also include an acknowledgement of that advice.
3. The Agreement can be made for any amount that both parents agree to, including amounts less than the formula assessed.
4. The Agreement can only be ended by a new Binding Agreement or a Court Order setting it aside.
5. There does not have to be a child support formula assessment already in place.
Child Support Agreements are very important Agreements between two people and both parents should think carefully before entering into them. A Binding Agreement can allow for a lump sum payment including the transfer of property to be credited as child support instead of a monthly cash amount. If you wish to enter into an Agreement where there is a lump sum payment, there will need to be a formula assessment in place.
Child Support Agreements allow for a lot of flexibility between parents. It may well be that one parent will agree to pay private school fees, activities for the children, certain medical expenses or any other payment which is important to your particular family. These payments can be credited against any child support which would otherwise be required to be paid. It allows for the circumstances of your particular family to be taken into account.
If you are thinking of or have you left your partner you may benefit by understanding some or all of the following:
• Divorce and separation
• Marriages and defactos
• The division of property and superannuation
• Children and child maintenance
• Spousal maintenance
• How to resolve your disputes without going to Court
• Court process and litigation
• Legal and other costs
• Asset protection before property settlement
If you would like more Family law information please contact dads@dadsclub.com.au
Author: Annette Wilson, Accredited Family Law Specialist
HARRIS FREIDMAN HYDE PAGE
The following links access a vast amount of information on Family Law and the legal process, Child support, Parenting Plans as well as many online Forums which provide an area where users can interact with questions, answers and discussions on a given topic.
For legal advice and information for separating couples, especially those with children click on the following:
Family relationship Advice Hot-line 1800 050 321
For family relationship assistance and a range of services to manage relationship issues, click on to the following:
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“Child Support Agreements allow for a lot of flexibility between parents”
Rubbish! The majority of cases in Australia the mother chooses to not work ever again and milk the hard working, educated father, like she knows she can.
The harder he works the more the father pays regardless of what it costs to raise a child!
The less the mother ‘declares’ she works, the more the father pays.
I have no problem in paying for anything what so ever for my child as I absolutely love him, but vouchers or tokens or even better more time spent with his father is far more equal, fair and appropriate.
I received another phone call from CSA just now to intiate child support, no problem, only that I received exactly the same ten days ago.
What happened is the first contact initiation was not recorded as me returning their phone call, instead they have their records show they tried to ring me twice and I did not reply. I did reply within minutes and completed the interview first time, also calling back within minutes the second time.
This second time I attempted to set it all straight, hopefully I succeeded. The lady on the other end however began by saying my ex wants to collect arrears then proceeded to tell me how much it will be, I said hang on we had a private agreement, to which she suddenly said “oh just wait, she doesn’t actually want arrears”
WTF!
Jeez you have to watch these slippery buggers!
[...] child-support-agreements-get-the-essentials-here [...]
I stumbled on this site trying to find out how my partner can regain visits with his 2 young boys. (kept away for 12+ months) I was surprised at the Q’s & A’s from you men. There ARE some decent men left in this world !! Good on you all !! My daughters Dad was of no input, on any level, after she was 6 mnths so I really respect My Man for wanting to be there for his sons. I hope this is not seen as an invasion on your turf, just want to give a pat on the back where deserved. I would like to be able to give some insight to this complicated female world but I dont think this is the right site
Wish there was one !! All the best lads. Dea.
Hi,
I read this with great interest as i have been through the consent orders and also all financial agreements which have been signed stamped and finalised by the family law court some 8 months ago , suddenly i have just recieved a statement that i am going to have to pay Child support ?? One of the lines within these orders was that neither party shall pay the other child maintenence !! The whole arrangement was drawn around these lines and each party agreed to this !!Very frustrating , I wonder where i go know as if i have to pay extra then the other aprty has recieved measurable compensation from me and also now can recieve more ongoing payment
Glen
got a brother in law who is stressing over the $250 a week he has to pay for child support. Ex girlfriend moved over from NZ to the Gold Coast 5 years ago with their 18 year old son, managed to send him a letter 1 or 2 years ago informing him that he has to pay child support. Poor guy now has 4 children, a mortgage and is now considering giving up his job because of the stress this is causing. Does he have any rights or options he could pursue is it a matter of just coughing it up?
Help desperately needed!!!!!
Just wondering where the fine line is to woman who out of spite and is well up to date on how to milk the system.As i ended a volatile relationship and the Mother left to go interstae with my 15 mth old twins without my consent.But can get child maintainence of me for full custody as i dont know of their where abouts till i have court orders made for their return.No charges are laid against me,but still she can fabricate lies to get a interim avo served on me for future threat.I am lost for answers as a innocent victim of a scorned woman who the law is protecting.If anyone has faced a simialr situation and had their kids returned i would like to hear from you at hoges66@hotmail.com….cheers
You know, men can rort the system too. I know a bloke who deliberately quit his job so that he didn’t have to pay child support. But I came on here to vent my disgust at the CSA. These people are morons,always getting it wrong, they “estimated” my salary before I had a chance to get my tax done. Tried to fix it with them 4 times now, every time they say it’s fixed and then I get another confusing letter 2 weeks later with the wrong information on it! How can they get it so wrong, so much of the time?