Child Support Agreement Pack including Parenting Plan
Separating from a long-term partner, whether you are married or in a de facto relationship, can be emotionally draining and financially devastating. The decision to leave is often difficult especially when children are involved.
Separated parents are legally obligated to support their children financially and morally obligated to support their children emotionally. Whether you are biological (birth) or adoptive parents, as long as you can agree on how your children should be supported, then you can make a child support agreement.
A child support agreement offers parents a flexible way to work out their own child support arrangements. In fact reaching an amicable agreement about child support has many advantages;
- you get to make your own choices
- you significantly reduce the financial and emotional costs of taking the matter to court
- you can ensure more open communication with your former spouse/partner, increasing the likelihood of improved conflict resolution in the future
- your ongoing relationship as parents, is likely be more harmonious and
- you are able to move forward with your life without the strain of ongoing court proceedings.
The best arrangements are those that the parents have negotiated between themselves. The Child Support agreements cover the financial aspects of caring for your children whilst the Parenting Plan covers other day to day aspects.
There are 2 types of Child Support Agreements available - Limited agreements and Binding Agreements.
This pack includes both types of agreements, aswell as a Shared Parenting Plan. .
Limited Child Support Agreements are formal written agreements, signed by both parents. The Parents do not need to seek legal advice before entering into a limited agreement but they must meet the two following conditions:
- first receive a child support assessment from the Child Support Agency; and
- any amounts payable under the Limited Agreement must be equal to, or more than, the payments specified in the assessment.
Binding Child Support Agreements are also written and signed by both parents, but have the following differences to limited agreements:
- parents must obtain independent legal advice to enter or end the agreement
- each parent's lawyer must provide a statement that they provided the parent with independent legal advice and the actual agreement must also include an acknowledgement of this advice (you can use our Document Review Service to fulfil these obligations at a fixed rate)
- the agreement can be made for any amount that both parents agree to, including amounts less than the formula assessment
- the agreement can only be ended by a new binding agreement or a court order setting it aside
- there does not have to be a child support formula assessment already in place.
Binding agreements can include lump sum payments (including transfer of property) to be credited as child support instead of monthly cash or electronic payments.
There is more information regarding these two types of agreements in the documentation.
A Shared Parenting Plan spells out the day to day arrangements childcare including
- where a child will live,
- how often they spend time with each of their parents
- the sharing of special event days such as birthdays, Christmas, and school holidays, and
- how parents make decisions about the care of their children
- and most other aspects separate to the financial considerations covered in the Child Support Agreement.
This professionally drafted, easy to use Child Support Agreement Pack includes
- Limited Child Support Agreement
- Binding Child Support Agreement
- Shared Parenting Plan
It is available for immediate download. The document comes to you as a Microsoft Word and PDF template that can be used as often as you like. Simply insert the correct information in the appropriate field and tab to the next. Now print your professional agreement!