Binding Child Support Agreement

Binding Child Support Agreements allow parties to make Binding Financial Agreements about child support payments between each other.

Each party to a Binding Child Support Agreement must have received independent legal advice before entering the agreement, and must also receive independent legal advice before terminating the agreement.

A Binding Child Support Agreement must:

• be in writing, and signed by both parents or the parent/s and eligible non-parent carer;
• include a statement that each party has received independent legal advice as to the effects and advantages and/or disadvantages of the agreement, before it was signed, and
• include an annexure, for each of the parties to the agreement, signed by the person who provided the legal advice, which certifies that the advice was provided (CSA Act section 80C).

A Binding Child Support Agreement cannot be varied (CSA Act section 80CA). To change a Binding Child Support Agreement, the agreement must be terminated and replaced with a new Binding Child Support Agreement.

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