A Binding Child Support Agreement is a written agreement about the amount, frequency and nature of child support payments. It is signed by both parties and legally enforceable. It cannot be varied. It can only be terminated by entering a new one or if an application is made to the Family Court or Federal Circuit Court to set it aside.

When Can A Binding Child Support Agreement Be Terminated or Set Aside?

The Agreement may be terminated or set aside as follows:

• by entering a new one;
• by entering a termination agreement; 
• pursuant to a court order if the Agreement was obtained by fraud or if exceptional circumstances have arisen since it was entered and the parent or child will suffer hardship if the agreement is not set aside.

There is also an additional provision in the Child Support legislation that provides for the Agreement to be terminated if the parent receiving child support pursuant to it is no longer an “eligible carer” of the child. If a parent is caring for a child for less than 35% of all overnight stays, they are no longer an “eligible carer” and the Agreement is suspended.

If it does not provide otherwise, child support payments may be suspended for up to 28 days. If specified in the Agreement, this period may be extended for up to 26 weeks.

The child support payments to the payee parent pursuant to the Agreement will resume if that parent again becomes an eligible carer (recommences caring for the child for at least 35% of the time). If not, it will be terminated.

These changes apply retrospectively to Binding Child Support Agreements entered from 1 July 2018.

If you have any questions about this matter or anything about Family Law, please GET IN TOUCH with us for a consultation.