22 July 2016
I am preparing property and parenting orders and a limited child support agreement. Is the child support agreement to be filed both with the court as part of the consent orders and with the child support agency? Thank you.
The limited child support agreement needs to be registered with the child support agency. Registration with the court is optional.
If the limited agreement includes non-periodic payments, the child support agency cannot enforce them, and they need to be enforced by the court. As such, the agreement should be registered with the court. See sections 95, 124 and 125 of the Child Support (Assessment) Act 1989.
If the limited agreement only includes periodic payments, then the registration isn't so important as the child support agency can enforce the periodic payments.
See rule 23.01 of the Family Law Rules 2004 for procedural issues relating to the registration of agreements with the court.
If consent orders are being filed with the court regarding property and parenting, it is normal to annex a copy of the child support agreement to the orders so the court has that information when determining if the orders are just and equitable. This doesn't mean the child support agreement is registered as required under rule 23.01. It just gives the court all the information it needs when making property orders. Question 11 of the application for consent orders form asks about any other orders/agreements and specifically refers to child support. If they can’t be attached, which is normally the easiest option, then the effect of the agreement needs to be explained.
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