Limited Child Support Agreement

A Limited Child Support Agreement is an agreement as to how each party pays and receives child support, typically limited to a maximum term of 3 years.

WHAT'S YOUR SITUATION?

Understand what you’re agreeing to

Parties may make a limited child support agreement between themselves without obtaining legal advice. However, this agreement must be for a period of 3 years or less at which time either party may terminate the agreement by providing notice in writing to the other party.

The contents of a limited child support agreement are typically agreed upon in principal informally by both parties after receiving an assessment from the child support agency.

Creation of these agreements are typically part of the separation process, along with other agreements such as property settlement and parenting agreements.

A common misconception is that a limited child support agreement means paying less child support overall, or taking on less responsibility – which is not the case. The word ‘limited actually’ refers to:

  • You can’t agree to just any amount – this is subject to the assessment.
  • The length is 3 years whereas a binding child support agreement could be longer term

Considering the limitations, parties often benefit more from creating a binding child support agreementwhich can be applied over a longer period and gives you more scope for payment amounts and terms – i.e. period payments or lump sums.

SEEKING LEGAL ADVICE FOR Limited Child Support AgreementS IN 3 STEPS

  1. Seek Advice – Come to see us for advice on drafting an initial agreement. If you have already completed step 2, bring your child support assessment with you.
  2. Assessment process – This is handled by the child support agency who makes an assessment once a year whether the carers ask for this or not.
  3. Sign the agreement – We draft the agreement and send to the other party (which may be an individual or a lawyer), for signing.
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