Binding Child Support Agreements
A Binding Child Support Agreement (BCSA) is a formal written agreement between parents or carers about child support payments. Both parents or carers must sign the binding child support agreement and it can only be executed if you have received legal advice.
A BCSA must:
be signed by all parties to the agreement;
prior to singing each party to the agreement must receive independent legal advice as to the effect and advantages and/or disadvantages of the agreement;
include an annexure signed by each of the parties legal representatives person certifying that the legal advice was provided;
there must be an administrative assessment in place prior to executing a BCSA providing for a lump sum payment;
At Surge Legal we offer fixed fee options for drafting BCSAs and for providing independent legal advice in relation to already drafted agreements.
The Process - What We Do
Following our free initial consultation, we commence your matter with an in-depth conference with you (by video or in-person) to advise you of your legal options and the terms suitable for the Binding Child Support Agreement, including whether or not the agreement should contain periodic or non-periodic payments.
We will also assist you in determining the percentage of care to ensure that the parent or carer receiving child support under the agreement does not fall below the required 35% level of care threshold.
We will draft the binding child support agreement in accordance with your instructions. Upon completion of the draft, we send the documents to you for final review and approval. Once we receive your approval, we will then send the draft binding child support agreement to the other side’s solicitors. The other side’s solicitor may request some changes to the binding child support agreement and we will address these requests in accordance with your instructions.
After the draft documents are approved by both parties, the BCSA is executed first by the other party and we then sign the agreement with you at our offices.
Executing a binding child support agreement is cost effective and quick way to formalise an agreement relating to the payment of child support in accordance with section 80C of the Child Support (Assessment) Act 1989 (“the Act”). Our reliable family lawyers have years of experience in separation and child support matters and will assist you in drafting or reviewing a Binding Child Support Agreement quickly and for a reasonable fee.
Must be signed by all parties to the agreement and prior to signing each party must receive independent legal advice
Must include an annexure signed by each of the parties' legal representatives certifying that the legal advice was provided
Must be executed after obtaining an administrative assessment when providing for a lump sum payment