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CHILD SUPPORT and BINDING CHILD SUPPORT AGREEMENTS (BCSAs)

In Australia, both parents have an ongoing obligation to support a child financially until they are 18 years old (and in some cases longer).

Child support in Australia is administered by the Child Support Agency and assessed against parents’ income and percentage of care of a child.

Court orders

In limited circumstances, it might be necessary to make an application to the Federal Circuit and Family Court of Australia (FCFCOA) for orders relating to child support. For example, if the child support assessment does not adequately consider the parties circumstances or the needs of the child, a departure order application may be required.

Binding child support agreements

Parents may choose to opt out of administratively assessed child support by making private child support arrangements by way of a binding child support agreement (or BCSA). As a binding child support agreement can take into account relevant financial commitments and priorities (such as private school fees or medical needs), these can be tailored to your financial circumstances and may be more beneficial to parties than a variable assessment.

A binding child support agreement, like a binding financial agreement, requires the parties obtain independent legal advice in order for the agreement to become binding and enforceable.

Child support is a highly specialised area of family law and we are available to assist you to navigate it, whether you require assistance with your administrative assessment, a binding child support agreement or litigation support. Child support is separate to spousal maintenance. Please see our page on spousal maintenance for more information.