Parents can make their own arrangements, either informally, or in a written agreement called a Child Support Agreement.
A Child Support Agreement, which is properly prepared and signed, is able to be enforced if one parent does not comply with it.
There are two types of Child Support Agreement:
- a limited child support agreement will only be given effect for a limited time and does not require a certificate of independent legal advice. The Agreement can be overturned if a parent applies for a provisional assessment, and the rate under the agreement varies widely from the provisional assessment.
- A Binding Child Support Agreement is final and binding and can only be set aside by court order in very limited circumstances (or unless the parties agree to set it aside). This Agreement also requires parties to obtain and provide a certificate of independent legal advice as to the terms of the Agreement. This Agreement may not be approved if the payee is a government pension benefit recipient.