Legally Binding Child Support Agreement

Financial assistance to children in Australia is usually determined by an administrative assessment of child assistance by the CSA. Taxation is triggered by a party`s application and maintenance is created if the registrar accepts the request for an administrative assessment and not beforehand. The assessment is carried out according to a complex formula defined in the Child Support Act 1989 (Cth) (assessment Act). Alternatively, if the parties do not wish to obtain legal advice regarding their mandatory child support agreement, another option is to enter into a limited child support agreement. You do not need to obtain independent legal advice to enter into the Limited Child Support Agreement. However, there must be an assessment of the maintenance of the children. The amount indicated in the limited assistance to children agreement must be equal to or greater than the amount of child support set by the Children`s Aid Agency. Caxton Community Legal Centre – provides specialist legal advice for child welfare for custody and responsible parents (for a fee) and provides a self-help kit for applying for adult support in court. Typically, a mandatory alimony contract provides that a parent pays a periodic amount (which may or may not be greater than the amount of alimony) and/or provides that either parent pays or contributes to other expenses for the child, such as school fees, health insurance, or extracurricular activities (called non-periodic payments).

A limited agreement requires that the parties have an assessment of assistance to children. The agreement provides that an amount equal to or greater than the family allowances is paid. The agreement does not require that independent legal advice have been provided to each party prior to the conclusion of the agreement, where a maintenance agreement provides that family allowances are paid by or to two or more parents or parties to an agreement, for example. B between the parents and another guardian who is the child`s guardian, the Registrar is free: to treat it as if it contains separate agreements entered into by each of the parties concerning the child or children, depending on the circumstances of the case (CSA Act Section 87(2)). The decision to treat the document in such a way that it will contain two separate agreements depends on the facts of the case and the document that will be submitted to the Registrar. A child maintenance agreement may contain provisions: that family allowances are granted in a manner other than in the form of periodic amounts, but do not specify how this payment is to reduce the payment of child support (CSA Act, sections 84 (1)(d) and 84(6)), or stipulate that it is a lump sum payment charged against the obligation to assess child support [CSA Act, section 84 (1) (e)]. . .