What you need to do
A written agreement about child support payments where both parties get independent legal advice.
To make a binding child support agreement, both parties need to agree on an amount for your child support payments. The amount can be more or less than the amount that would be payable under a child support assessment.
To receive child support under a binding agreement a parent must have at least 35% care of a child. Read about how your percentage of care affects your child support payments.
Both parents must seek independent legal advice and each get a legal certificate. If you don’t, your binding agreement will not be valid. However, you can still make a limited child support agreement with the other parent.
When we’ve accepted a binding agreement, receiving parents can choose to get their payments by either:
As a parent, you must meet all of these obligations:
- pay your child support in full and on time if you’re the paying parent
- make sure you tell us what care arrangements are in place for your children
- lodge your tax return on time
- report your income accurately
- tell us about any changes of circumstances.
If your agreement is written to support a change, the amount payable under it may change if either your:
- child’s care changes
- new circumstances affect your agreement.
If the agreement doesn’t support changes, you may be able to end the agreement. Read more about ending a binding agreement.
After the agreement is accepted by the Registrar, we may still issue child support formula assessment notices as required by Child Support legislation.
Read about the Effect of a Child Support Agreement Once Accepted by the Registrar in the Child Support Guide. You can read about this on the Department of Social Services website.
Get a child support assessment
You will need a child support assessment if you want a lump sum binding agreement. Getting a child support assessment is optional with other types of binding agreements.
Read more about child support assessments.
Page last updated: 21 November 2019
This information was printed 11 August 2020 from https://www.servicesaustralia.gov.au/individuals/services/child-support/binding-child-support-agreement/what-you-need-do. 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.