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Agreements
"When separated parents agree on child support and put the details on paper, this forms an agreement."
A child support agreement gives parents flexibility in the way they arrange child support payments. When you decide on child support or when you change existing arrangements, a written agreement can be used instead of the Child Support Agency (CSA) making an assessment.
Making an agreement
You must decide how child support will be paid. An agreement can include:
- payments of regular amounts (weekly, fortnightly, monthly, quarterly etc.);
- lump sum payments;
- irregular payments;
- payments to third parties (e.g. school fees, mortgage, health insurance);
- transfer of property; and
- 'in-kind' provisions (e.g. use of the family home).
By using an agreement you can decide how much child support will be paid. Some parents use the set formula used by CSA as a starting point for an agreement.
Payees who receive more than the base rate of Family Tax Benefit must apply to CSA for a child support assessment. Contact the Family Assistance Office on 136 150 for more information. The amount of child support can be agreed by the parents concerned, making it an agreement. However, the amount of child support in the agreement must be at least the amount that would have been payable using the set formula.
CSA cannot draw up an agreement for you. You may prefer to ask for help to draw up an agreement from a solicitor or Legal Aid. You can also get help from a mediation service which can assist parents to sort out issues about children, money and property. Contact CSA on 131 272 for more information on mediation services.
A child support agreement must be in writing and signed by both parents. Each child in the agreement should be treated separately. You need to consider how long the agreement will last. If it is to last for more than a year, you need to take into account the possibility of change (such as increases in the cost of living).
When you have written an agreement, you can lodge it with CSA. Once an agreement is accepted by CSA it becomes a legal document.
Parents are encouraged to arrange payments in a way that suits them both. Payment of child support can be made directly to the payee. If private arrangements cannot be arranged, or if private payment does not work out, the payee can ask CSA to collect child support.
However, we can only collect the amount of money going directly to the payee. We cannot collect any 'in-kind' payments, or payments to third parties. Parts of child support agreements that deal with 'in-kind' payments or payments to third parties can be registered and enforced through the Family Court.
Changing an agreement
An agreement is a legal document and can only be changed by a new agreement. If you cannot gain the consent of the other parent it may be necessary to seek a court order.
Eligibility
A person can claim child support if:
- they are applying for child support from a parent of the child;
- they have the child in their care for at least 110 nights in the 12 months following an application for assessment or an application for acceptance of an agreement
AND - they are not living as a partner with the person who will be paying child support.
As the child's parents, you need to satisfy these conditions before making an agreement. On the day the agreement is made the following conditions must apply:
- the payer is a resident of Australia;
- the child is under 18 and not married or living in a defacto relationship;
- the child is in Australia, usually lives in Australia or is an Australian citizen; and
- at least one of the children must be born on or after 1 October 1989 or you must have separated on or after 1 October 1989.
Children 18 years and over
Parents can apply to extend the terms of their child support agreement past the age of 18 if their child is in full-time secondary education. The agreement can be extended up until the last day of the school year in which the child turns 18. Parents must apply for an extension before the child turns 18. The extension to the agreement can be enforced by CSA.
If the child is over 18 but no longer in secondary school, the agreement must be registered and enforced through the Family Court.
Extra information
A child support agreement only covers payments of child support for children. If you wish to make further agreements about other things such as parenting, property settlements or spousal maintenance, you must obtain a court order for those agreements to be legally enforceable.
If you have made, or intend to make, a parenting plan or a property settlement that includes provision for child support, this part of the plan or settlement can be registered with CSA as a child support agreement.
"When the amount of child support is worked out using a set formula, it is a child support assessment.
A parenting plan is an agreement which deals with the parental responsibility for a child, including matters such as care arrangements and maintenance."
Do you need interpreting help?
If you do not speak English and need help from the Child Support Agency, ring the Translating and Interpreting Service (TIS) on 13 14 50.
For help and information
Call CSA on 131 272 (local call charge excluding mobile and public phones). Have a look at The Guide in the Legal section of the CSA Web site.
The Australian Government Services Fraud tip-off line
The Australian Government Services Fraud tip-off line provides people with a place to report suspected fraud against Centrelink, Medicare, the Pharmaceuticals Benefits Scheme or the Child Support Agency. If you have information about someone who is misusing government services, call 13 15 24.
CSA 2756-10.2005
