A Binding Child Support Agreement (“BCSA”) is a legally enforceable agreement between parents confirming how child support will be paid. These agreements provide certainty, stability and flexibility beyond the standard child support formula. At Adams United Lawyers, we prepare Binding Child Support Agreements and Limited Child Support Agreements tailored to your financial circumstances. Because child support is regulated federally, we assist Australia-wide.
What Is a Binding Child Support Agreement?
A Binding Child Support Agreement is a formal agreement that sets out how child support will be paid. It must be signed by both parents, each having received independent legal advice before signing.
A BCSA can include:
- Regular periodic child support payments
- Lump sum child support
- School fees and education costs
- Private health insurance
- Extra-curricular activities
- Medical, dental and specialist costs
- Additional living expenses
- Direct expenses paid in lieu of cash
A BCSA provides long-term certainty and cannot be changed unless both parents agree or the agreement is terminated and replaced.
Limited Child Support Agreements
A Limited Child Support Agreement is another option where the parents agree on child support, but it must be equal to or greater than the assessed amount from Services Australia.
It can include:
- Periodic payments
- Variable support
- Direct expenses
- Contributions toward schooling, uniforms, sport and medical costs
Limited Agreements do not require legal advice to enter but are not as strong or as stable as a Binding Agreement.
Why Choose a Binding Agreement?
A BCSA provides certainty and long-term protection. Parents may choose a Binding Child Support Agreement when they want:
- Predictable, fixed payments
- Private arrangements without annual reassessment
- Flexibility to structure payments in a way the formula cannot
- Lump sum arrangements
- To include extra educational or medical expenses
- More financial stability than the standard assessment
A BCSA overrides the Child Support Agency formula and creates a stable, enforceable financial arrangement.
How Binding Child Support Agreements Work
To be valid, a BCSA must meet strict legislative requirements. Each parent must obtain independent legal advice before signing, and their lawyers must certify the agreement.
A BCSA:
- Can set payments above or below the formula
- Can be structured around the child’s needs
- May include lump sums or periodic payments
- Can specify which expenses each parent pays
- Is enforceable through Services Australia or the Courts
- Once signed and certified, a Binding Child Support Agreement must be lodged with Services Australia (Child Support) to become enforceable.
Once accepted by Services Australia, the BCSA becomes legally binding.
High-Conflict or Complex Child Support Situations
We frequently assist clients in circumstances involving:
- Disputes about income or financial disclosure
- Self-employment or variable income
- Private school fees and extracurricular costs
- Medical and therapeutic costs
- High-conflict communication
- Parents living interstate or overseas
- Blended families and multiple children across households
Our agreements are drafted with clear, precise terms to avoid future disputes.
Learn more about Consent Orders
What We Draft
We prepare:
- Binding Child Support Agreements
- Limited Child Support Agreements
- Termination Agreements
- Replacement Agreements
- Schedules for lump-sum payments
- Fee-sharing clauses
- Specific medical and education clauses
- Supporting correspondence to Services Australia
All drafting is completed under fixed-fee pricing.
Our Process and Fixed Fees
Our process is simple and transparent.
Process
- Free intake with Katie
- Consultation with Darren Adams (Principal Solicitor)
- Drafting of Binding or Limited Child Support Agreement
- Independent legal advice for each parent
- Signing and submission to Services Australia
We provide remote service to clients Australia-wide.
Why Choose Adams United Lawyers
- Fixed-fee pricing
- Nationwide service
- Fast turnaround
- Clear, enforceable drafting
- Experience with high-conflict matters
- Legally compliant certificates for BCSA
- Coordinated advice for both parties (via independent lawyers we refer)
We create strong agreements that prevent future disputes and provide stability for your children.
Learn more:
Binding Child Support FAQ (Paste into Yoast FAQ Block)
What is a Binding Child Support Agreement?
A BCSA is a legally enforceable agreement that sets out how child support will be paid, including periodic payments, lump sums and specific expenses.
Do both parents need legal advice?
Yes. A BCSA is only valid if both parents receive independent legal advice.
Is a Binding Agreement better than the Child Support formula?
Yes. It gives parents flexibility, stability and control not available under the formula
Learn more about Binding Financial Agreements
Can child support be paid as a lump sum?
Yes. Lump sum payments are permitted under a BCSA and can provide long-term certainty.
Do I need to go to court?
No. Binding Child Support Agreements are lodged with Services Australia, not the court.
Can a Binding Agreement be changed?
Only if both parties agree in writing or if a termination agreement is signed.
ADAMS UNITED LAWYERS
Trusted external resources and government information can be found below:
- Federal Circuit and Family Court of Australia – Parenting
https://www.fcfcoa.gov.au/have-your-say/parenting - Parenting Orders – FCFCOA Guide
https://www.fcfcoa.gov.au/fl/parenting-orders - Family Law Act 1975 (Federal Register of Legislation)
https://www.legislation.gov.au/Series/C2004A01510 - Attorney-General’s Department – Family Law
https://www.ag.gov.au/families-and-marriage/family-law - Family Relationships Advice Line (Australian Government)
https://www.familyrelationships.gov.au - Services Australia – Child Support
https://www.servicesaustralia.gov.au/child-support - 1800RESPECT – National Domestic Violence Counselling Service
https://www.1800respect.org.au - DVConnect – Womensline, Mensline & Sexual Violence Line (Queensland)
https://www.dvconnect.org
