Covid-19 Updates & News

24 March 2020
Butlers Blog
Covid-19 Updates & the Law
COVID 19 is causing uncertainty in so many areas.  One question we are being asked, is “How it will affect existing Parenting Orders or Parenting Plans?”.  The answer to this will vary, depe...
21 March 2020
Butlers Blog
Covid-19 Updates & the Law
COVID-19Part 1: Court Proceedings during the COVID-19 pandemicThere is no question that we are now in uncharted waters.The world has not seen an influenza pandemic of this nature since Swine Flu and H...
25 March 2020
Butlers Blog
Covid-19 Updates & the Law
Now, let’s get straight to the point….. There is no need to explain the potential impact of COVID-19 on the economy. It has already been seen around the world with a significant impact on share prices...
Butlers Blog
Chidlren's Blogs
The Family Law Act states that children have a right to spen...

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Tawnee Dickinson
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Binding Child Support Agreements 

A Binding Child Support Agreement allows Parents to make an agreement about child support payments after the breakdown of a relationship.You must get legal advice from a registered legal professional before you make a Binding Child Support Agreement. This is so you know what you’re responsible for in the agreement before it is made.  Butlers Lawyers can help you negotiate an agreement with the other parent.  We then provide a legal certificate which is attached to the agreement and will lodge this in draft form so that the Department of Human Services can be satisfied that it enforces the legal requirements, meets the needs of both parents and most importantly, can administer any clauses if the parents’ circumstances change.

The Department of Human Services won’t accept your agreement without a valid legal certificate.

If you want a lump sum agreement, you must get a child support assessment; You don’t need a child support assessment to make any other type of binding agreement.

Lump sum payments.

Lump sum payment can be:

  1. cash, or

  2. the value of a transferred asset

The amount must be equal to or greater than the annual child support rate. This is then credited against your child support rate each year until the credit runs out. Once the lump sum has been used up, the paying parent will need to pay their regular child support payments in line with the child support assessment or agreement.

For assistance in preparing a Binding Financial Agreement, please contact our Legal Team.