The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to social security payments. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

2.7.2 Application for acceptance of a child support agreement

Context

Once parties make a child support agreement, either can apply to the Registrar for acceptance of the agreement.

Act references

CSA Act section 88, section 89, section 92, section 93

Description

The payer and payee are both entitled to apply to the Registrar for acceptance of a child support agreement or a termination agreement. An application for acceptance of a child support agreement does not need to be made in writing (6.2.1).

When an application for acceptance of a limited child support agreement is received by the Registrar, there must be an administrative assessment in force otherwise the agreement cannot be accepted (section 92(3)). A binding agreement can be accepted without an administrative assessment being in force because that requirement only applies to a limited child support agreement.

If an administrative assessment is in force due to an application made by an overseas authority of a reciprocating jurisdiction on behalf of one of the parties to the agreement, and the overseas authority does not approve the acceptance of the agreement, the Registrar must refuse to accept the agreement (section 92(5)).

Frequently asked questions

Can a parent apply for a child support assessment after the Registrar has accepted an agreement to end an earlier child support assessment?

Yes. The agreement to end an assessment is a terminating event. It does not preclude the making of another child support assessment if either parent or a non-parent carer later makes another application for a child support assessment.

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