There is no obligation on you and your spouse to comply with any Child Support Assessment, provided you are in agreement regarding your child support arrangement. If you do reach agreement in relation to child support, you are able to formalise this with a Binding Child Support Agreement.
This will mean that the other parent is legally obligated to continue abiding by your agreement. Binding Child Support Agreements usually last until the child turns 18, or there is a terminating event as specified in the Agreement or by legislation. Child support obligations under an agreement will not automatically change simply because one parent’s income changes.
Binding Child Support Agreements provide flexibility in relation to payment of child support. You may prefer that instead of paying a periodic amount, the parent responsible for paying child support instead pay your child’s school fees, extra-curricular activities, private health insurance or other expenses related to your child. This type of agreement is able to account for these, as well as monetary arrangements.
There is no one size fits all approach and of course it will depend upon an individual’s personal circumstances as to what an agreement should provide for.
