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.

Call 0400 714 714
Ainsley TurnerAinsley Turner

David made the process very comfortable and easy. Always making contact and keeping myself up to date on the process, allowing a few jokes along the way to lighten the anxiety dealing with personal matters and court procedures. Thanks David

Argie XaftellisArgie Xaftellis

Our two matters were dealt with in an efficient and cost effective manner resulting in a successful outcome. The service was professional, informative and friendly. We would use them again without hesitation. Thank you David.