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.
What is a Private Child Support Agreement?
A private agreement about child support is a written arrangement made directly between parents, or, in some cases, a parent and a non-parent carer, about how financial support for a child will be handled.
Unlike the standard administrative assessment issued by Services Australia, this type of agreement allows both parties to set their own terms on payment amounts, frequency, and the kinds of costs covered.
In Queensland and across Australia, this option is entirely legal under the Child Support (Assessment) Act 1989, provided certain requirements are met depending on the type of agreement chosen.
Private vs Government-Assessed Support
Government-assessed child support is calculated using a standard child support formula that considers factors such as each parent’s income, percentage of care, and the number of dependent children.
The outcome is a fixed child support payable amount, which is periodically reviewed and enforced through Child Support Collect if necessary.
In contrast, a private agreement may either align with or differ from this calculated figure. Parents might agree to cover specific expenses, like private school tuition or health insurance premiums, instead of or in addition to regular payments.
While a private arrangement can still be legally binding, it won’t follow the standard formula unless required under a Limited Child Support Agreement.
Why Parents Choose Private Agreements
Choosing to handle child support privately often reflects the realities of modern parenting, particularly when both parties aim for a more tailored and cooperative approach.
Here’s why this option appeals to many separated families:
- Custom-fit solutions: Parents can include expenses not recognised under standard assessments, like tutoring, school uniforms, or orthodontics.
- Less bureaucracy: Avoiding the formal government process can be simpler and quicker.
- Greater flexibility: Payment methods, timing, and adjustments can be made based on mutual agreement.
- Improved communication: Parents often find it easier to co-parent when financial matters are clearly outlined by both parties.
- Increased privacy: Agreements remain confidential, unlike formal Family Court decisions.
This approach isn’t for everyone, but for parents who can collaborate effectively, a private agreement can offer a practical and respectful way to meet their child’s financial needs.
Are Private Child Support Agreements Legal in Queensland?
Yes, private child support agreements are entirely legal in Queensland and are recognised under Australian Family Law, specifically the Child Support (Assessment) Act 1989. These agreements allow parents to decide how they’ll share the financial responsibilities for their children without relying solely on the child support scheme administered by Services Australia.
However, informal or purely verbal arrangements carry serious risks. They aren’t legally enforceable, can be disputed at any time, and may not protect the rights of the payee parent or the child.
Without proper documentation, there’s no official record for Services Australia to act on, which means missed payments could go unrecovered.
Types of Private Child Support Agreements in Australia
In Queensland, parents have two formal pathways to set up a private agreement recognised under the law. Each option comes with its own rules, benefits, and level of legal formality.
1. Limited Child Support Agreement (LCSA)
This type of agreement is based on a current child support assessment from Services Australia. It doesn’t require legal advice but must offer equal or greater support than the assessed amount. It can be ended by either parent after three years or due to significant income changes.
2. Binding Child Support Agreement (BCSA)
This is a more formal and flexible option that allows parents to agree on any amount, regardless of the standard formula. It must be accompanied by a legal advice certificate from an independent legal practitioner for each party before it’s signed.
Binding agreements remain in force until both parties agree to end it or a court intervenes.
Not sure which child support agreement is right for your situation? The experienced team at VM Family Law can guide you through your options and help you choose the best path forward. Call 07 3447 8966 for trusted legal advice from Queensland family lawyers who understand your needs.
How to Register a Private Child Support Agreement in Queensland
If you’ve reached a written agreement on child support, the next essential step is to have it formally recognised. Registering the agreement with Services Australia ensures it’s enforceable and provides added protection if one party fails to meet their child support obligations.
Here’s a clear, step-by-step guide to help you register your private child support agreement in Queensland:
Step 1: Finalise the Agreement
Your agreement must be in writing and signed by both biological parents (or a liable parent and carer). Whether it’s a limited agreement or a binding financial agreement, it must clearly set out:
- Child support payments (amount and frequency)
- The method of child support (e.g. direct deposit)
- How medical expenses, school fees, or additional expenses will be handled
- Timeframes for review or changes during the child support period
For binding agreements, each party must also attach a legal advice certificate from a family lawyer confirming they received independent legal guidance.
Step 2: Prepare Required Documents
To submit your child support application for registration, gather:
- A copy of the signed agreement
- Legal advice certificates (for binding agreements)
- Evidence of care arrangements (e.g. parenting plans)
- Documents showing taxable incomes, care percentages, or any special circumstances (like financial hardship)
These documents help Services Australia assess the agreement’s fairness and confirm compliance with the child support scheme and family law jurisdiction.
Step 3: Submit to Services Australia
Upload your documents through your myGov account linked to Services Australia – Child Support, or post them using official forms. Clearly label your agreement as a private child support agreement.
You must also indicate which of the types of child support agreements (limited or binding) applies.
Services Australia will:
- Check the agreement’s compliance with the Child Support (Assessment) Act 1989
- Ensure parties’ financial resources and the annual rate of support align with current guidelines
- Confirm whether the agreement can legally override a standard child support liability
Step 4: Wait for Registration Outcome
If accepted, the child support registrar will officially record the agreement. This means the payment of child support is now enforceable, even in cases referred to the Family Court of Australia later.
If the agreement doesn’t meet the required standards, you’ll be notified with the reason and may need to revise and resubmit.
Family lawyers in Queensland, like those at VM Family Law, can help ensure your agreement meets legal standards and supports your child’s best interests. Call 07 3447 8966 to get expert assistance with child support matters before submitting your agreement.
Can a Private Child Support Agreement Be Changed or Cancelled?
Yes, a private child support agreement can be changed or cancelled, but how this happens depends on the type of agreement in place.
If both parties agree to make changes, a new agreement must be drafted and signed, clearly outlining the revised child support payments, care arrangements, or any new financial obligations. This updated agreement must also be submitted to Services Australia for registration.
If there’s a significant shift in circumstances, such as a change in care percentages, child support income, or unexpected medical expenses, either party can request a review. For limited agreements, a parent may terminate after three years or if the child support assessment changes by more than 15%.
For binding agreements, termination typically requires mutual consent or intervention by the Family Court of Australia, especially if special circumstances like financial hardship are involved.
Legal advice is strongly recommended before making any changes to avoid unintended impacts on your child support liability or the enforceability of the agreement.
Planning to set up a private child support agreement? Make sure it’s done right from the start. The team at VM Family Law can help you draft, review, and register your agreement with confidence. Call 07 3447 8966 today to speak with experienced Queensland family lawyers who understand the process inside and out.
Frequently Asked Questions (FAQs)
How to write a binding child support agreement?
To write a binding agreement, both parties must receive independent legal advice about child support from a private lawyer, and sign a written document that clearly sets out the child support arrangements, including payment details, methods, and covered expenses.
The agreement must consider each party’s financial situation, level of formality, and reflect the agreement between parents based on their individual circumstances.
What is the biggest factor in calculating child support?
The most significant factor is the actual care each parent provides, measured in nights per week, alongside the current income of both parties. The rate of child support is then determined using a basic formula that includes relevant factors such as the number of children and primary custody arrangements.
What are the disadvantages of a binding child support agreement?
Binding agreements are harder to change, even if there’s a major shift in financial circumstances unless both parents agree or legal action is taken. They also require a higher level of formality, including legal advice, which can be a financial burden for some families.
What does child support not cover in QLD?
In most child support arrangements, standard payments don’t cover things like private school fees, extracurricular activities, or large medical care costs unless specifically agreed upon.
These financial burdens need to be addressed separately in the agreement or shared through informal contributions based on informed decisions.
What are two agreed types of child support services in Australia?
The two formal types of services are the Child Support Collect system (administered by Services Australia) and Private Collect, an option for parents to handle payments themselves.
Both require an application for child support and may involve an assessment of child support to ensure fairness.
How to change child support to private?
You can move from government-managed to private support by reaching a new agreement between parents that outlines all terms and having it registered if needed. This transition should be based on the financial situation, actual care, and roles of each adoptive parent, eligible carer, or biological parent, ideally with help from a private lawyer for legal security.
Final Thoughts
Creating a private child support agreement isn’t about ticking legal boxes; it’s about finding a practical solution that works for your family’s real-life needs.
Whether you’re figuring out how to split school costs, planning around shared care, or adjusting for changes in income, having a clear and fair plan can make life easier for everyone involved, especially your kids.
If you’re unsure where to start or want to make sure everything’s in place legally, reach out to the Queensland family lawyers at VM Family Law. Call 07 3447 8966 to get expert guidance and peace of mind from people who truly understand child support in Queensland.
