Child support agreements

Child support is a payment made by one or both parents to the other to help with the cost of looking after the children.

Parents can agree on an amount or apply to Services Australia to do an administrative assessment to work out how much child support should be paid.

When you need legal advice

Get legal advice if you want to:

  • make or end a limited or binding child support agreement
  • enforce a limited or binding child support agreement.

How to get legal advice

Making a child support agreement

If you and the other parent agree about how your child should be supported financially, you can make a legally enforceable child support agreement.

Child support agreements are signed by both parents and set out in writing the child support payment:

  • amount
  • frequency
  • method.

There are 2 types of child support agreements:

  • limited agreements
  • binding agreements.

Limited child support agreement

To make a limited agreement:

  • there must be an administrative assessment in place
  • the amount of child support to be paid under the agreement must be equal or greater than the assessment.

The agreement can be ended:

  • by making another limited or binding agreement
  • if both parents agree in writing
  • if the notional assessment changes by more than 15% (then either parent can choose to end the limited agreement)
  • by either parent after 3 years
  • by a court order.

Binding child support agreement

Unlike a limited agreement, a binding agreement can be made and accepted even if a child support assessment hasn’t been made. It can be made for any amount both parents agree on. It could be less than, equal to, or more than the child support rate payable under an administrative assessment.

To make a binding agreement:

  • both parents must get independent legal advice on the advantages and disadvantages of entering into the agreement
  • the lawyer for each parent must sign a certificate stating legal advice has been given
  • the lawyer’s certificates must be attached to the agreement.

The agreement can be ended:

  • in writing by both parents
  • by making another binding agreement
  • by a court order.

You must get legal advice before ending a binding child support agreement.

If you can’t agree on child support payments, you can apply to the Services Australia (Child Support) for an administrative assessment.

How to get legal advice

We don’t prepare child support agreements or sign certificates for child support agreements.

We may be able to give legal advice about child support agreements.

Other places to get legal advice:

Who else can help?

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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