There are two different kinds of Child Support Agreement under the Child Support (Assessment) Act 1989.
The first kind, known as a Limited Child Support Agreement, is a less formal arrangement between parents. No legal advice is required, and provided the Agreement relates to a child in relation to whom a child support assessment could be made, it is signed, dated and in writing, then the Agreement reached is a Limited Child Support Agreement which can be registered with the Child Support Agency.
Limited Child Support Agreements can be changed by the Court in the event of a change in circumstances of either party. These Limited Agreements can be ended by one parent alone writing to the Child Support Agency to say the Agreement has ended, provided 3 years have passed from the date of the Agreement to the date of the notice.
The second kind is called a Binding Child Support Agreement. They require a greater degree of formality and that each party receive independent legal advice before signing the document (and Certificates to that effect are signed by each lawyer).
A Binding Child Support Agreement is binding on the parties to the Agreement if and only if:
Once you have entered into such a Binding Child Support Agreement, it can only be set aside in the following circumstances:
A Binding Child Support Agreement may be terminated only by:
For more information relating to your child support entitlements, contact one of our specialist family lawyers. Let us assist you in moving forward today.
Author: Gabriella Arvanitis, Senior Associate – Family LawService: Family Law
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