Splitifi AustraliaAU
Child Support

Private Child Support Agreements

Can you make your own child support arrangements? The options, legal requirements, and what happens if someone doesn't pay.

Splitifi Team8 November 20247 min read

Types of Private Arrangements

Informal Arrangements

No official agreement - parents just arrange between themselves.

Binding Child Support Agreements

Formal written agreements that override the formula assessment.

Limited Child Support Agreements

Less formal than binding, but still registered.

Informal Arrangements

How They Work

Parents agree privately:

  • Amount to be paid
  • How and when
  • No Services Australia involvement

    Advantages

    - Flexible

  • Private
  • No bureaucracy

    Risks

    - Not enforceable

  • Can be changed unilaterally
  • If it fails, you may lose back payments

    Binding Child Support Agreements

    Requirements

    - Must be in writing

  • Both parties must have independent legal advice
  • Lawyers must sign certificates
  • Can be registered with Services Australia

    What They Can Include

    - Any amount (above or below formula)

  • Non-cash payments (school fees, mortgage payments)
  • Lump sum payments

    Advantages

    - Certainty

  • Flexibility in what counts as support
  • Registered = easier enforcement

    Limitations

    - Hard to change (need both parties' agreement or court order)

  • Expensive to set up (legal fees)

    Limited Child Support Agreements

    Requirements

    - Must be in writing

  • Assessment must be at least $0
  • Don't need legal advice certificates

    Limitations

    - Can only pay at or above assessment

  • Either party can end it after 3 years

    Advantages

    - Simpler than binding agreement

  • More flexible than binding
  • Can still be registered

    Choosing the Right Option

    Informal Works If:

    - High trust between parents

  • Both consistently cooperative
  • Relatively straightforward situation

    Binding Agreement If:

    - Want certainty and finality

  • Significant assets or complex arrangements
  • Both can afford legal advice

    Limited Agreement If:

    - Want something registered but flexible

  • Don't want to pay for binding agreement
  • Amount is at or above formula

    If Someone Doesn't Pay

    Informal Arrangements

    Limited options. You may need to:

  • Apply for formal assessment
  • Try to recover from scratch

    Registered Agreements

    Services Australia can collect:

  • Wage deductions
  • Tax refund interception
  • Other enforcement methods

    Tax Implications

    Child support (whether formula or private) is:

  • Not taxable to the recipient
  • Not tax-deductible for the payer
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