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 relevant legislation/policy. 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.

6.3.1 Effect of a child support agreement

Context

The effect of a child support (1.1.C.60) agreement will depend on the provisions it contains, and, for binding agreements, on whether there was an administrative assessment (1.1.A.30) of child support in place when the application for acceptance of the agreement was made.

Act references

CSA Act section 34B, section 93, section 94, section 95, section 118, section 124, section 125, section 151

On this page

Date of effect where child support is not already payable

When the Registrar accepts a child support agreement where child support is not already payable (known as an initiating agreement), the Registrar will assess the rate of child support based on the agreement (CSA Act section 93(2)). In these circumstances, an administrative assessment is not created because an application for administrative assessment has not been made (CSA Act section 31). The child support assessment (1.1.C.70) will start from the day on which the application for acceptance of the agreement was made to the Registrar (CSA Act section 93(1)(g)).

Date of effect where child support is already payable

When the Registrar accepts a child support agreement where child support is already payable (known as a non-initiating agreement), the existing assessment will be varied in accordance with the terms of the agreement (CSA Act section 34B(2)). If the application for acceptance of the child support agreement was:

  • made within 28 days after the agreement was signed, or 90 days if the parent (1.1.P.10) is a resident of a reciprocating jurisdiction (1.1.R.10) (CSA Act section 34B(3)), the assessment will be varied from the date specified in the agreement provided that date is not before the date the child support liability began (in which case the assessment will be varied from the start date of the child support liability)
  • made within 28 days after the agreement was signed (or 90 days if the parent is a resident of a reciprocating jurisdiction) and no date is specified in the agreement, the assessment will be varied from the date the agreement was signed, or
  • not made within 28 days after the agreement was signed (or 90 days if the parent is a resident of a reciprocating jurisdiction), the assessment will be varied from the day on which the application for acceptance of the agreement was made to the Registrar.

Effect of certain provisions of a child support agreement

Once a child support agreement is accepted by the Registrar the provisions have effect as though they were orders made by a court (CSA Act section 95).

If a child support agreement includes:

  • a provision for periodic payments by a parent
  • a provision varying a provision of that kind, or
  • a provision agreeing on any other matter that a court can include in an order for a change to the assessment (see 10.4.2 for more information (CSA Act section 118))

the provision has the same effect on the child support assessment as a court order made by consent (CSA Act section 95(2)). This means the child support assessment must take into account those provisions of the agreement.

If a child support agreement includes a provision for a parent to provide child support to the other party otherwise than in the form of periodic amounts (1.1.P.80) paid to the other parent (non-periodic payment provisions (1.1.N.10)):

  • the provision has effect, for the purposes of making an assessment under CSA Act Part 5, as if it is a consent order (CSA Act section 124), and
  • if the agreement is registered in a court with jurisdiction under the FL Act, the court can enforce the provision as if it were an order made under the FL Act (CSA Act section 95(3)).

If a child support agreement includes a provision stating:

  • whether a non-periodic amount is to be credited against a parent's child support liability under an assessment, and
  • the annual value or specifying a percentage by which the child support payable should be reduced

those statements have effect as if they were statements made by a court that an amount in relation to an order that child support be provided in a form otherwise than in periodic amounts is to reduce the assessment in a specified way. This means that the Registrar must amend the child support assessment to give effect to those crediting provisions (CSA Act section 127).

Effect of suspension on a child support agreement

For assessments resulting from an initiating agreement, child support is not payable for a child under the agreement if the agreement is suspended (CSA Act section 86). The liability for the child would be nil during the suspension period, as there was no prior assessment of child support before the agreement was accepted. There are rules governing how child support is assessed where an application for assessment is made following an election to end a liability based on an initiating agreement that is suspended (6.4.3).

For assessments resulting from a non-initiating agreement, when the agreement is suspended (CSA Act section 86), the variation to the assessment as made by the agreement no longer has effect. During the suspension, the liability for the child is assessed under the applicable child support formula (1.1.C.110) provisions.

For further information about suspensions, see 6.4.3.

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