A binding child support agreement is essentially a legal arrangement between a child’s parents or caregivers, outlining the financial support that will be provided for the child/ren. It will usually include details such as the payment amount and the frequency of the payments.

As it is a legal arrangement, it is legally enforceable, meaning where a party doesn’t comply with the agreement, there could be legal recourse.

How is a binding child support agreement different to other child support arrangements?

A binding child support agreement differs from other child support arrangements in a few ways, mainly due to the fact that it is a private agreement between the parties involved. That means there are no outside parties making assessments or setting payment amounts. This allows for flexibility to suit the unique circumstances of the parties involved.

A binding child support agreement differs from other child support arrangements in a few ways, mainly due to the fact that it is a private agreement between the parties involved. That means there are no outside parties making assessments or setting payment amounts. This allows for flexibility to suit the unique circumstances of the parties involved.

Some advantages of a binding child support agreement include:

• The flexibility of the agreement terms. As long as the terms meet legislated legal requirements and both parties agree, the agreement can be very flexible in nature.
• An agreement of this type provides certainty for the parties involved.
• You can avoid dealing with the Australian court system or child support agency.

No, a binding child support agreement can be created without having to go to court; it just requires that all parties voluntarily agree with the terms of the agreement. While you don’t need to go to court, each party to the agreement must seek independent legal advice to ensure, inter alia, they understand their obligations under the agreement.

The agreement can be made so that it ends on a specific date or when a specific event occurs. An example of an event could be a chid turning 18 or finishing their schooling.

It’s also possible to end an agreement earlier if both parties mutually agree that this is the best course of action. Or, if only one party wanted to end the agreement, it could be possible for that party to apply to the court where certain requirements are met. Such applications are complex and should only be filed under the guidance of legal advice from an experienced family lawyer.

Various factors should be taken into account when determining child support. Factors such as the income and earning capacity of each parent, the costs associated with raising the child, and specific needs of the child should all be considered.

As every situation is unique, there is likely to be other factors that need to be considered. It’s a good idea to talk with a family lawyer when creating these agreements to ensure the agreement addresses all relevant factors.

If a parent fails to comply with the agreement, as it is a legally binding agreement, the other parent or party may be able to seek enforcement through the court system.

Before seeking enforcement, legal advice from a family lawyer is essential.

While the process may differ slightly depending on your individual circumstances, here are the general steps involved in creating a binding child support agreement:

• Seek legal advice from a family lawyer to understand, inter alia, your rights, obligations, and the legal requirements to ensure the agreement is valid.
• Discuss and negotiate the terms of the agreement. The child support agreement needs to be in the best interests of the child and may require some negotiation between the parties.
• Draft the agreement. Once you’ve reached an agreement for the child support and necessary provisions, the agreement can be drafted.
• Get independent legal advice. Each party must obtain legal advice independently and each party must get this advice from a different lawyer to the other. This ensures both parties understand the agreement.
• Sign and register the agreement. Once both parties have received independent legal advice, they can sign the agreement and register it. You don’t necessarily have to register the agreement, however, it can also provide extra certainty.

Engaging the services of a family lawyer to create a binding child support agreement will attract costs, however the exact amount will be dependent on factors such as the complexity of the agreement, whether negotiation is required and the hourly rate of the particular lawyer used. We can discuss costs with you as part of a consultation so that you have an idea of how much this service would be before committing to working with us.

While it does cost money to work with a family lawyer, our advice and guidance is invaluable as we not only ensure that you understand what is required of you, but we also can make the process faster and easier.

Our family law firm is based in Townsville, Queensland, and while we work with many people in the local area and surrounding region, including in Mt Isa, all of our family law services, including those related to property settlement proceedings, are available to people Australia-wide.

Get in touch with us by calling us on 07 4426 1980 or booking a free consultation here.