A Binding Child Support Agreement (BCSA) is a written agreement between the child’s parents in relation to payments to support the child. The BCSA is regulated by the Child Support (Assessment) Act 1989 (CSAA), but may also come under the Family Law Act 1975.
A BCSA can only be terminated and replaced with a new BCSA. It cannot be varied.i The circumstances of when a BCSA can be varied includes:
- The provision in the new BCSA is agreed upon by the parties involved in the previous agreement that the previous agreement is terminated;
- A court order setting aside the previous agreement under the CSAAii; or
- Where a party to the BCSA who is entitled to be paid or provided child support ceases to be an eligible carer for the child
The BCSAs operate separately as parenting plans, consent orders, or other agreements not concerning child support. The assessment of how much is required to be paid is conducted by Services Australia. Services Australia can assist in assessing, collecting, and transferring child support payments.
We are more than happy to provide you more information in relation to Binding Child Support Agreements. To discuss, please contact Jason Parsons on 0488 038 348 or via our contact form.
