Child Support Agreements

There are two types of Child Support Agreements - Binding Child Support Agreements and Limited Child Support Agreements. Each type of Agreement has different legal requirements, including (for Binding Agreements) the requirement for independent legal advice.

The requirements for setting aside Child Support Agreements depend on the type of Agreement and the circumstances of the case.

Child Support Agreements are often utilized as a way of enshrining the parents' agreement as to the financial support of their children. It is common for Agreements to include:

  1. School Fees;
  2. Extra curricular activities;
  3. Health insurance;
  4. Costs of spending time;
  5. An annual, monthly or weekly amount payable.

Applications to Court are often necessary to set aside Agreements. Drafting Agreements and applications to Court involve a complicated and difficult area of law, and one in which Ms Devine specializes.

Ms Devine has appeared in one of the leading cases in setting aside Binding Child Support Agreements:

Hampson & Bailey [2013] FCCA 1004
Ms Devine acted as Junior Counsel to Mr Bruce Walmsley SC, successfully setting aside a Binding Child Support Agreement and obtaining Court Orders for school fees, Adult Child Maintenance and departure from the administrative assessment.