A child support agreement is a written agreement between parents on the amount of child support payable and how it will be paid. There are two types of agreements:
- can be accepted if there is a child support assessment in place with Services Australia – Child Support and the annual rate payable under the agreement is equal to, or more than, the annual rate of child support payable under the child support assessment. You are not required to get legal advice before entering into a limited agreement, however, you can choose to do so.
- can be made and accepted even if a child support assessment has not been made. The agreement can be made for any amount that the parents agree to. The parents must each obtain independent legal advice before entering into the agreement and attach a certificate that is completed and signed by each parent and their legal practitioner.
- The agreement must be in writing and signed by the parents.
- Before signing the agreement, both parents must obtain independent legal advice. Be sure to get a ‘legal certificate‘ from your solicitor.
- You must submit this to Services Australia with your agreement.
- Don’t forget to get your Consent Orders filed with the Federal Circuit and Family Court of Australia for your property/financial settlement and parenting arrangement.
(Source: Services Australia – Child Support)