1.1.M.15 Maintenance agreement (FTB)

Introduction

This topic only relates to agreements made prior to 1 July 2008. Information relating to agreements made under the Child Support Scheme Reforms, and commencing on or after 1 July 2008 can be found in 3.1.7.14 Notional Assessments.

Summary

The following terms are all related to maintenance agreements.

Definition: maintenance agreement

For the purposes of FTB, a 'maintenance agreement' means a written agreement, made within or outside Australia (1.1.A.120) that provides for the maintenance of an individual whether or not it also makes provision in relation to other matters including dependent children.

Note: This definition now generally only covers spousal maintenance. If the maintenance is for a child, and the individual could make a child support application then this agreement has effect only to the extent that it is also a child support agreement.

Act reference: Family Law Act 1975 section 86 Registered maintenance agreements

Definition: registered agreement

For the purposes of FTB, a 'registered agreement' means a maintenance agreement that has been approved by the Family Court of Australia as meeting the requirements of the Family Law Act 1975, and as such is deemed as being registered in that court.

Act reference: FAAct section 3(1)-'maintenance agreement'

Definition: child support agreement

For the purposes of FTB, a 'child support agreement' is a formal document registered with Child Support outlining agreed terms of child support (1.1.C.20) payable for the child/children. The document may relate to both the amounts payable and the period for which the agreement applies. A child support agreement can only be made between individuals, and in relation to children, who are considered eligible under the Child Support (Assessment) Act 1989.

A child support agreement only applies to Stage 2 individuals and should not be confused with:

  • Stage 1 court registered maintenance agreements, or
  • private collection arrangements (1.1.P.130).

Payment arrangements for a child support agreement can be made by:

  • private arrangement, or
  • Child Support collection, or
  • a combination of both.

The payee may choose whether to have Child Support collect the cash component of the child support.

Act reference: Child Support (Assessment) Act 1989

Policy reference: FA Guide 3.1.6.30 Court Orders & Registered Agreements, 3.1.6.40 Child Support Assessments, 3.1.6.50 Child Support Agreements (pre July 2008), 3.1.6.60 Stage 1 - No Registered or Informal Agreement or Court Order

Definition: informal child support agreement

For the purposes of FTB, an 'informal child support agreement' is an agreement either written or unwritten, that has not been registered in a court. It may include amounts of:

  • cash,
  • non-cash, or
  • capitalised maintenance.
Last reviewed: 11 May 2015