To end a binding child support agreement
To end your current agreement, you must make a new binding agreement that either replaces or terminates the current one.
If you aren’t able to agree, you can apply to a court to set aside your agreement. This means the agreement won’t apply from the date the court decides. This will terminate the agreement. These court applications can be costly and complex.
If your agreement was in place before 1 July 2008, it can be ended:
- by a new binding agreement that replaces or terminates the current one
- by both parents agreeing in writing to terminate the agreement
- by a court setting aside the agreement.
Please seek legal advice about ending an agreement through the court.
Read about what ends a child support assessment.
If your care arrangements change
If the way you care for your child changes, contact us as soon as you can. You can do this by either:
- using your Child Support online account through myGov
- calling the Child Support enquiry line
- writing to us.
We’ll end or suspend a child support agreement for a child when both:
- the receiving parent under the agreement has less than 35% care
- the other parent has at least 35% care of the child.
We may suspend an agreement for a child after a care change for either:
- 28 days
- up to 26 weeks.
The length of the suspension depends on your circumstances. For example, your binding agreement may say that we may suspend for 26 weeks if care changes.
If care changes back during the suspension period, the agreement will restart. If the receiving parent still doesn’t have care when the suspension is over, the agreement for that child will end.
Read more about how changes to your care arrangements can affect your child support.
If your agreement ends or suspends
If your agreement ends or is suspended, child support may still be payable for the child. This depends on how your child support assessment started.
If there was a formula based assessment, child support will be payable for the child. If there wasn’t a formula based assessment, no child support will be payable for the child.
If we end or suspend your agreement, we’ll let you know in writing how this will affect you.
Page last updated: 29 January 2021
This information was printed 29 July 2021 from https://www.servicesaustralia.gov.au/individuals/services/child-support/binding-child-support-agreement/how-manage-binding-child-support-agreement/end-binding-child-support-agreement. It may not include all of the relevant information on this topic. Please consider any relevant site notices at https://www.servicesaustralia.gov.au/individuals/site-notices when using this material.