Limited Child Support Agreement

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A Limited Child Support Agreement, does not require parties to seek independent legal advice before entering into an Agreement. It allows the parties the flexibility to establish their own Child Support Arrangements for the children.

A Limited Child Support Agreement must:

(a) be in writing, and signed by both parents or the parent/s and eligible non-parent carer;
(b) have an administrative assessment in place as at the time an application for acceptance of the Limited Child Support Agreement is received by the Registrar; and
(c) meet the conditions set out in sections 80E(2), 80E(3) or 80E(4) of the CSA Act.

If child support is payable under the agreement on the day on which the application for acceptance of the agreement is made to the Registrar, the annual rate of child support payable by the parent under the agreement on the day of the application must be at least the annual rate that would have been otherwise payable by that parent under the administrative assessment on that day (CSA Act section 80E(2)).


If the child support agreement commences on a day after the application for acceptance of the agreement is made to the Registrar, the annual rate of child support payable by the parent under the agreement on the day the agreement commences must be at least the annual rate that would
have been otherwise payable by that parent under the administrative assessment on that day (CSA Act section 80E(3)), if the Agreement commences on a day in the future for which the annual rate is not yet known, the agreement cannot be accepted until the annual rate on that day is known.


If child support is payable under the agreement for a period of time before the day on which the application for acceptance of the agreement is made to the Registrar, the amount payable under the agreement for the whole period must be at least the amount of child support that would be otherwise payable by that parent under the administrative assessment for that whole period (CSA Act section 80E(4)).

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tina.reynolds@rflaw.com.au

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