The Child Support Agency (CSA) by and large covers the field in respect of child support and have excellent internal mechanisms for review.
If a party seeks a review of their Child Support Assessment then that will be undertaken by a review officer. The matter can then be reviewed by the SSAT and failing that then by either the Family Court of Australia or the Federal Circuit Court of Australia by way of a Departure Application.
If the matter is too complex, then the review can be referred to the Social Securities and Administrative Review Tribunal (SSAT) for review or to the courts.
Child Support Agreements made under the Child Support (Assessment) Act 1989
Not common as most people simply pay or receive child support as assessed by the Child Support Agency.
Appropriate for people with complex financial dealings, a party wishing to tailor the child support they pay e.g. private school, travel, etc.
Binding Child Support Agreements:
- Binding requiring each party to be represented and receive their own independent legal advice
- Will generally require parties to seek financial advice from their accountant or from Centrelink as it can often affect the payment of commonwealth benefits like Family Tax Benefit if a party is not receiving the full amount of child support that they would otherwise be entitled to
- Can only be terminated, cannot be amended or varied:
- Can be terminated by a court
- Can be terminated and replaced by the agreement of the parties
Limited Child Support Agreements:
- Does not require each party to be represented
- Can be terminated:
- By a court order
- By the parties agreeing to terminate the Agreement
- By a party giving notice to the other after three years of the making of the Agreement
- By the notional assessment provided by the Child Support Agency varying by 15% or more than what the Agreement provides for
For legal advice that protects your interests phone now for an appointment: Bendigo 03 5434 6666; Castlemaine 03 5472 1588 or Melbourne by appointment.