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Child Support & Binding Child Support Agreements

Child Support & Binding Child Support Agreements

The payment of child support is administered by the Child Support Agency. The amount of child support a parent may need to pay is determined by:
  1. Each parent’s taxable income;
  2. How much care of the children each parent has; and
  3. The costs which the parents can expect to expend with respect to the children.

You are able to contact the Child Support Agency by telephoning 131 272 and can request that the Agency assess your former partner.

A parent who pays child support does not have an obligation to contribute towards school fees in addition to their assessed level of child support. If a paying parent chooses to also pay for other expenses, such as school fees, the paying parent can be credited this amount with respect to their assessed level of child support.

You are able to reach an agreement regarding child support. Such agreements are known as binding child support agreements, and can determine how much child support a parent will pay as well as other issues, such as school fees and medical expenses.

A binding child support agreement can be terminated or varied by agreement, and you are able to reach a further child support agreement with your former partner.

Section 136 of the Child Support (Assessment) Act 1989 also sets out the various circumstances in which a court may set aside a binding child support agreement. The court may set aside the agreement in the event that you or your husband obtained the other’s consent through fraud or failure to disclose material information, or either you or your husband’s consent was obtained by undue influence or duress. Additionally, the court may set aside your agreement if exceptional circumstances arise since the making of the agreement, whereby you or your husband or your children would suffer hardship if the agreement was not set aside.

Call us now on 8227 1970 and we will chat with you over the phone free of charge.

Family law, divorce, wills and estate specialist family lawyers for Adelaide and South Australia.

Liability limited by a scheme approved under professional standards legislation.

Disclaimer: The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute a solicitor-client relationship between any readers and Swan Family Lawyers. A solicitor-client relationship is created only when this firm agrees to represent someone and a written engagement agreement or engagement letter is signed by both the client and solicitor. In all cases, the reader should consult his or her own solicitor for advice. The information in this blog is based on Australian law.