Child Support Dispute Mediation

There are two ways to handle child support: come to an agreement with your ex-partner or hand control to the Child Support Agency to undertake their own assessment and then act accordingly.

If we mediate and agree, what happens if my ex-partner breaches the agreement?

Importantly, the agreement that derives from the mediation should be in the form of what’s called a Binding Child Support Agreement or a Limited Child Support Agreement. Both of these agreements can be registered with the Child Support Agency. In the case of a breach of a term within these agreements, you can report it to the Child Support Agency.

What is a Limited Child Support Agreement?

– Must be in writing and signed by both parties.
– Does not require the parties to obtain independent legal advice.
– A child support assessment must be in place.
– Agreement must be accepted by a Child Support Registrar.
– Amount of child support must be equal to or greater than the CSA’s child support
assessment.
– Child support payments must be made periodically (not possible to make lump-sum
payments).
– Have a “sunset” clause of three years, after which either party can give written notice to the CSA to have the agreement terminated.
– Can be terminated at any time or replaced by a new agreement.

What is a Binding Child Support Agreement?

– Must be in writing and signed by both parties.
– Parties must both obtain independent legal advice regarding the advantages and disadvantages of the agreement and a solicitor’s certificate must be attached.
– Does not require a child support assessment by the CSA.
– Amount of child support can be greater or less than the amount that would be determined by the CSA.
– Possible for a parent to pay child support periodically or in a lump sum.
– Does not automatically expire, but parents may choose to include an expiry date in their agreement.
– May be replaced or varied but only in very limited circumstances.

How can Mediations Australia help me?

If there is a willingness to negotiate and agree on child support arrangements, we can assist in both the mediation, agreement and lodgement.

What should I do now?

Simple! Call family law mediation at Mediations Australia or make a time that suits you to talk with one of our team.