Limited Child Support Agreements and Binding Child Support Agreements - What is the difference?

Limited Child Support Agreements

These agreements must be in writing and signed by both parents . Limited child support agreements are intended to provide you with flexibility in terms of paying child support and are often in place for shorter periods of time.

For limited child support agreements:

1. There must be a child support assessment already in place;

2. The amounts payable under the agreement must be equal to or more than the child support assessed by the assessment; and

3. The agreement must be accepted by the Registrar before it has effect.

Binding child support agreements

These agreements provide a high level of certainty and finality about child support and are likely to be in place for a much longer period of time than limited child support agreements. Binding child support agreements are different to limited child support agreements for a number of reasons including:

1. Parents must seek independent legal advice to make, or end, the agreement;

2. Each parent's lawyer must provide a statement that they provided the parent with independent legal advice before the agreement is made;

3. The agreement can be made for any amount that both parents agree to, including amounts less than the assessment;

4. The agreement can only be ended in very limited circumstances; and

5. There does not have to be a child support assessment already in place.

If you would like further information regarding child support agreements or child support generally, please contact one of our team at Pigdon Norgate Family Lawyers.