Child Support Agreements

Lately we have been getting a lot of enquiries about negotiating between parties with regards to child support agreement.

The Child Support (Assessment) Act 1989 (Cth) imposes a duty on parents to maintain child support payments. Child support is also known as child maintenance and is an ongoing payment made by one parent, guardian or carer to another to aid in caring for and supporting their child.

A child support agreement can be made to benefit the child of the relationship when the relationship has broken down. This agreement can be made as part of divorce proceedings, separation, or parenting arrangements. In deciding child support, each parent’s income, number of children of the relationship and the child’s living arrangement will be taken into consideration.

There are some criteria that have to be satisfied before parents, guardians or carer can apply to the Registrar to have the agreement accepted: -

1. The agreement must specify the child with respect to whom an assessment can be made;
2. An agreement must be between two parents of the child, a parent and carer, or a carer and both parents;
3. The agreement must be in writing and signed by both parties;
4. A statement confirming that each party has sought independent legal advice is included; and
5. A certificate completed by a legal practitioner confirming legal advice was given is also included.

An option for limited child support agreement is also available where the parties are not required to seek legal advice before entering into the agreement. Alternatively, the parents can seek a child support order from the court.

If you would like to have a Child Support Agreement drafted or find out more about your rights and options, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an online interview.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.