A private child support agreement can be the difference between ongoing conflict and peaceful co-parenting. It’s a written plan between parents that outlines how they’ll financially support their children without relying entirely on government assessments.
This type of agreement gives both parties more say in what’s fair and practical, from regular payments to covering school fees or medical costs. When done right, it reflects real-life circumstances better than a one-size-fits-all formula.
But it also comes with legal considerations that shouldn’t be overlooked. In this guide, you’ll find clear, practical steps to help you build a private child support agreement that’s fair, legally sound, and genuinely works for everyone involved — especially your children.
Please note: this is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: https://www.vmfamilylaw.com.au/contact/
What Is a Private Child Support Agreement?
A private child support agreement is a written arrangement made directly between parents (or a parent and a non-parent carer) about how financial support for a child will be handled. It lets parents set their own terms on payment amounts, frequency, and which costs are covered, rather than relying only on an administrative assessment.
In Queensland (and nationally), these agreements are recognised under federal child support law. They must meet the legal requirements that apply to the type of agreement chosen.
Private vs Government-Assessed Support
Under the national Child Support Scheme, Services Australia makes administrative assessments using a formula that considers each parent’s income, the percentage of care, and the number/ages of children. That assessment can be registered and collected by government if needed.
Private agreements let parents agree to arrangements that suit their circumstances — for example, combining periodic payments with direct payment of specific expenses (such as school fees or health insurance). If parents want the agreement to be enforceable, they should use one of the two formal agreement types described below and have it properly recorded.
Are Private Agreements Legal in Queensland?
Yes. Parents can make legally enforceable child support agreements, provided the agreement fits the legal category (limited or binding) and the formal requirements for that category are met. Informal or verbal arrangements carry real risks: they are difficult to enforce and may not be acted on by the Registrar if payments are missed. Getting legal advice before signing any agreement is strongly recommended.
The Two Types of Private Child Support Agreements
1) Limited Child Support Agreement (LCSA)
-
Must be based on a current administrative child support assessment.
-
Payments under the agreement must be at least equal to the assessed amount.
-
Independent legal advice is not required to make a limited agreement.
-
Can be ended in certain situations (for example, after three years, or if a significant change to the assessed amount occurs), or on other specific legal grounds.
2) Binding Child Support Agreement (BCSA)
-
Can be made with or without an administrative assessment in place.
-
Can set amounts different from (including less than or more than) the assessment figure, provided formal requirements are met.
-
Independent legal advice is mandatory for each party before signing, and each party must have a lawyer’s certificate confirming that advice.
-
Harder to change or end; a court may set aside a binding agreement only in limited, defined circumstances (for example, fraud/duress or exceptional circumstances causing hardship).
Courts can set aside limited or binding agreements on specific statutory grounds (for example, fraud, duress, unconscionable conduct; for limited agreements, if the annual rate is no longer proper or adequate; for binding agreements, if exceptional circumstances have arisen leading to hardship).
How to Register a Private Child Support Agreement (Step-by-Step)
Step 1: Finalise the agreement in writing
Set out clearly:
-
who pays, how much, and how often
-
method of payment (e.g., bank transfer)
-
what specific costs are covered (e.g., school fees, medical/health, activities)
-
review/variation arrangements (consistent with the law for the agreement type).
For a binding agreement, ensure each party has received independent legal advice and the signed agreement includes lawyer certificates.
Step 2: Prepare supporting material
Depending on the agreement type, gather:
-
the current administrative assessment (for limited agreements)
-
evidence of care arrangements (e.g., a parenting plan or orders)
-
income information relevant to the agreed structure.
Step 3: Lodge with the Child Support Registrar
Submit the agreement for registration so it becomes enforceable. Once accepted, the Registrar can manage collection/enforcement if required.
Step 4: Keep records and comply
Retain copies of the signed agreement, certificates (for binding agreements), receipts, and any correspondence. Follow the agreed payment methods and timing.
Changing or Ending a Private Child Support Agreement
-
Limited agreements: may be ended after a prescribed period (commonly three years), or earlier if the underlying assessment changes by a specified margin, or on other statutory grounds.
-
Binding agreements: can usually only be ended by a new binding agreement (with fresh legal advice for each party) or by a court order setting the agreement aside on limited grounds (for example, fraud/duress or exceptional-circumstances hardship).
If circumstances change (income, percentage of care, significant new expenses), get legal advice promptly about the safest way to vary or replace the agreement so it remains valid and fit-for-purpose.
Practical Tips to Make a Private Agreement Work
-
Be specific: spell out what counts as “school fees”, “medical”, “activities”, and how/when those costs are paid or reimbursed.
-
Align with care: check that payments and any in-kind contributions reflect the actual care pattern.
-
Build in reviews: note how you’ll revisit the agreement if care or income changes.
-
Register it: registration with the Registrar makes enforcement far more straightforward.
-
Get advice: independent legal advice is essential for binding agreements and wise for any significant arrangement.
Frequently Asked Questions (FAQs)
Do we need lawyers to make a private agreement?
For binding agreements, yes — each party must receive independent legal advice and obtain a lawyer’s certificate. For limited agreements, legal advice is not mandatory but is strongly recommended.
Can we agree to pay school fees instead of cash payments?
Yes — private agreements can include direct payment of specified expenses (e.g., tuition, levies, uniforms, health insurance). Be explicit about what is covered and how proof of payment is provided.
How do we enforce a private agreement if payments stop?
If the agreement is registered, the Registrar can collect/enforce amounts owing. Depending on the issue, court applications are also available (for example, to set aside an agreement on defined legal grounds).
Can a court change our agreement?
Courts have limited powers: for binding agreements, a court can set aside only on specific grounds (such as fraud/duress or exceptional-circumstances hardship). For limited agreements, there are broader statutory pathways to termination or change tied to assessment movements and adequacy.
Is a private agreement better than an assessment?
It depends. Private agreements offer flexibility and certainty tailored to your family, but they must be drafted and recorded correctly. An administrative assessment remains available and can work well when parents prefer a standardised approach.
Conclusion
A well-drafted private child support agreement can reduce conflict, reflect real costs, and give both parents certainty. Choose the correct agreement type, meet the formal requirements (including independent legal advice for binding agreements), and register the agreement so it’s enforceable. If circumstances change, seek advice early about the safest way to vary or replace the agreement.
VM Family Law can help you draft, review, register, vary, or—where necessary—seek to set aside child support agreements to protect your child’s best interests and your legal position.
Official information sources (Queensland & Australia)
-
Queensland Law Handbook – Child Maintenance and Child Support (including limited vs binding agreements and key features): https://queenslandlawhandbook.org.au/
-
Legal Aid Queensland – Child support agreements (making, limited vs binding, and certificates for binding agreements): https://www.legalaid.qld.gov.au/
-
Family Relationships Online – Child support overview and Scheme information for separating parents: https://www.familyrelationships.gov.au/
-
Federal Circuit and Family Court of Australia – Child support applications and practice directions (including grounds to set aside agreements and filing requirements): https://www.fcfcoa.gov.au/
-
Queensland Government – Families and the law (general pathways and where to get help): https://www.qld.gov.au/families/legal
-
Queensland Law Society – Find a Queensland solicitor for independent legal advice: https://www.qls.com.au/
