Generally Child Support is assessed and administered by the Department of Human Services. The Department will make an assessment on a parent’s income, percentage of care they have for the child, if the parent has another child, and the age of the child. The Department will then make a calculated assessment and provide an amount to be paid weekly.
If the parties can reach an agreement in relation to child support they may either elect to have a Binding Child Support Agreement or Limited Binding Child Support Agreement drawn up between them.
A Limited Child Support Agreement is a formal agreement between the parties. A Limited Child Support Agreement requires the Department of Human Services to make an assessment and the amount agreed to between the parties cannot be any less than the amount prescribed by the Department. The Agreement can include cash payment, payment of school fees, extra co-curricular activities, and health insurance. The parties do not need to obtain independent legal advice on a limited child support assessment.
A Binding Child Support Agreement is a formal agreement between the parties. The Agreement does not require the Department to make an assessment of the amount payable by one parent to another and the amount is as agreed between the parties. Again, it may include cash payment, payment of school fees, extra co-curricular activities, and health insurance. The parties will need to obtain independent legal advice as to the effect of the agreement and the advantages and disadvantages of entering into the agreement.
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