Binding Child Support Agreements

A Binding Child Support Agreement is a legally enforceable agreement as to how each party pays and receives child support.

WHAT ARE BINDING CHILD SUPPORT AGREEMENTS?

These are legally enforceable documents, arrived at through a legal process. It’s not just an agreement that two parties can come up with informally. In order to arrive at an agreement, both parties must be willing to negotiate in the best interests of the children and obtain certificates of independent legal advice.

Binding Child Support Agreements provide a longer term option for co-parenting than a limited child support agreement which ‘expire’ after 3 years. These agreements also can be made regardless of whether or not a child support assessment is in place.

THINGS TO NOTE

  • As binding child support agreements outline financial considerations for children, it is worth considering seeking legal advice for property settlement and/or spousal maintenance at the same time.
  • Binding child support agreements are often used to pay a lump sum or offer a more generous property splitting so as not to have to think about child support payments again.
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4 STEPS TO A BINDING CHILD SUPPORT AGREEMENT

  1. Get legal advice, call us for an initial consultation.
  2. We make a first draft of the agreement with you, and send to the other party’s solicitor.
  3. We receive a response and meet with you for review and revision if necessary. We may need to contact the other party’s solicitor by phone at this stage.
  4. Both lawyers execute the documents through signing which creates the binding child support agreement.

WHY PFLC FOR Binding Child Support Agreements?

Creating a binding child support agreement is often part of a more strategic approach to separation, this is where our expertise is best placed. In addition, as both parties are mandated to obtain independent legal advice, we find our conciliatory approach most effective when dealing with other lawyers to reach a stage where the agreement can be produced and executed swiftly.

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Drew CameronDrew Cameron

I have used David for my family law matters and would highly recommend him. David's knowledge and professionalism is outstanding. Thankyou so much

Tina parsonsTina parsons

Thankyou David for your excellent service and advice. While I was quite nervous with the process David's professionalism and care made me feel very comfortable and reassured. I have no hesitation in recommending Perth family law centres.