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Our automated Binding Child Support Agreement uses Embedded Lawyer-Logic™ to create and customise a Binding Child Support Agreement under the Child Support (Assessment) Act 1989 (Cth) between:
🧩 The two parents of a child; or
🧩 One parent of a child and one non-parent eligible carer of the child.
A non-parent eligible carer in relation to a child is someone:
⚖️ Who provides at least 35% care for that child (at least 128 nights over a 12 month period); and
⚖️ Is not the child’s parent.
The care percentage is calculated as per the following example:
John cares for two children, Shaun and Jane.
Shaun lives with John all the time. Jane stays with John 2 nights a week.
John is an Eligible Carer of Shaun, as John has a care percentage of 100% for Shaun.
John is not an Eligible Carer of Jane because John has a care percentage of 28% in respect of Jane
(2 nights × 52 weeks ÷ 365 = 28%).
It is intended that this agreement is to be registered with Child Support – Services Australia.
Include up to three categories of child support:
✅ Payments will be paid on a regular and recurring basis;
✅ The amount of each payment can be decided by the parties or the child support agency can calculate a figure;
✅ The amount of each payment may increase on an annual basis (by CPI or another rate);
✅ Payments can be reduced or pause during certain periods.
Payments made on an ad-hoc basis, typically in respect of costs, such as:
📘 School fees;
🎽 Clothing;
🚑 Medical expenses;
+ more.
➲ These payments can reduce the rate of periodic payments.
💰 A single payment or transfer of property;
➲ To be applied as a credit to meet future child support liabilities
⚖️ Specify conditions when the agreement may be suspended.
⚖️ Includes annexures for the compulsory independent legal advice statements/certificates.
Important: Independent Legal Advice for both parties from their own lawyer [before they sign] is required for the BCSA to be valid!
It's a critical element for the validity of a Binding Child Support Agreement that both parties are provided with independent legal advice from their own respective Australian legal practitioners.
This must happen before the parties sign the Binding Child Support Agreement.
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