QLD Entering into Binding Child Support Agreement?

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LouiseThomas

Well-Known Member
21 March 2018
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Wanting to understand binding child support agreements better.

My question is:

If two parents enter into a binding child support agreement, but later down the track one of them starts to earn more money, can the payee go through Child Support Agency again to get more money if the assessment works out higher than the binding child support agreement?
 

LouiseThomas

Well-Known Member
21 March 2018
93
1
289
Great thank you. Been reading up on it but could not get a straight answer like that.

My ex now has to pay me but is talking about a binding child support agreement. I am thinking he would want me to agree on a set amount but then he would eventually earn way more money.

So really there is no way anyone can dupe the other parent into receiving less than what they are entitled to? Even with binding child support agreements.
 

sammy01

Well-Known Member
27 September 2015
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2,894
Don't do it... And I don't think CSA will change a binding agreement.
2.7.1 What Is a Child Support Agreement? | Child Support Guide

Have a read... It states "A binding child support agreement cannot be varied (CSA Act section 80CA"

They are a bad idea.... Why? Well what if one of the kids says stuff u mum I'm gonna go live with dad. Well dad would still have to pay you. Or what if dad gets a better job / pay rise? Or what if the kids says stuff you dad, I'm not visiting anymore - leaving you with a greater % of care of the kids but no extra child support.

They are just a bad idea. Have a look at a limited agreement - they expire after 3 yrs.
 

247mum

Well-Known Member
1 September 2014
17
2
74
I have a BCSA. He is not paying what he is supposed to in relation to school fees (he just decided to stop paying). CSA will only enforce the part about 'child support'. The rest needs me to spend money on legal fees and go back to court to attempt to enforce. He is likely to please insanity, hardship (or something similar) and that he doesn't have the capacity to pay anymore.

They will probably feel sorry for him (but not for me paying everything on half his income, and looking after the children 100%). He will probably walk away and I'll be left to clean up the mess again. Meanwhile it robs valuable hours of my life I can't get back, and where I'm not enjoying the time with my children...

Just not worth the pain or expense. Find a way to agree on raising the children and sharing the cost fairly is my honest advice. Or just cut your losses and find a way to enjoy your life without the headache. :)
 

The Cheese

Well-Known Member
21 November 2018
19
2
74
They are a bad idea.... Why? Well what if one of the kids says stuff u mum I'm gonna go live with dad. Well dad would still have to pay you.
Actually, that changed as of 1 July this year. Now if the kid goes to live with Dad and has more than 65% care, the agreement gets suspended for that kid and then ends if the kid doesn't go back to mum. Completely understand what you mean about income increasing though.

Although... You can get creative and agree that Dad will pay $X per month whilst his taxable income is below $Y. If it goes above $Y, payments increase by a certain amount.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
You are required to obtain independent legal advice before entering into these types of agreements. This is mandatory for both parents (as explained in the link that Sammy provided):
Each party to a binding child support agreement must have received independent legal advice before entering the agreement, and must also receive independent legal advice before terminating the agreement. This legal advice must be provided by a legal practitioner who has been admitted by the Supreme Court of a state or territory of Australia and holds a current practicing certificate. Legal advice will not be considered independent in circumstances where:
  • one party (as a qualified legal practitioner) has provided legal advice to the other party to the agreement,
  • one party (as a qualified legal practitioner) has provided legal advice to themselves, or
  • the same legal practitioner has provided legal advice to both parties.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Actually, that changed as of 1 July this year. Now if the kid goes to live with Dad and has more than 65% care, the agreement gets suspended for that kid and then ends if the kid doesn't go back to mum.

This is what a well written BFA would anticipate anyway. Pay for a cheap BFA, get a 'cheap' BFA.