CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 84 Provisions that may be included in agreements

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 84

Provisions that may be included

  (1)   An agreement is a child support agreement only if it includes one or more of the following kinds of provisions:

  (a)   provisions under which a party is to pay child support for a child to another party in the form of periodic amounts paid to the other party;

  (b)   provisions under which the rate at which a party is already liable to pay child support for a child to another party in the form of periodic amounts paid to the other party is varied;

  (c)   provisions agreeing between parties any other matter that may be included in an order made by a court under Division   4 of Part   7 (departure orders);

  (d)   provisions (the non - periodic payment provisions ) that state:

  (i)   that a party (the liable party ) is to provide child support for a child to another party otherwise than in the form of periodic amounts; and

  (ii)   that the annual rate of child support payable for the child by the liable party under any relevant administrative assessment is to be reduced, in the manner specified under subsection   (6), by the amount of child support to be provided by the liable party;

  (e)   provisions (the lump sum payment provisions ) that meet the requirements of subsection   (7) and that state:

  (i)   that a party (the liable party ) is to provide child support for a child to another party in the form of a lump sum payment (including by way of transfer or settlement of property); and

  (ii)   that the lump sum payment is to be credited against the amount payable under the liable party's liability under the relevant administrative assessment;

  (f)   provisions under which a party is to provide child support for a child to another party otherwise than in the form of periodic amounts and that are not non - periodic payment provisions or lump sum payment provisions;

  (g)   provisions under which the liability of a party to pay or provide child support for a child to another party is to end from a specified day.

  (2)   The agreement may include more than one kind of provision in relation to different parts of a child support period and different child support periods.

Other kinds of provisions not to have effect

  (3)   If the agreement also includes provisions of a kind not referred to in subsection   (1), those provisions do not have effect for the purposes of this Act.

  (4)   Subsection   (3) does not affect the operation of provisions of the kind referred to in that subsection for any other purpose.

Agreement may also be parenting plan, maintenance agreement or financial agreement

  (5)   Without limiting subsection   (4), nothing in this Part   is to be taken to prevent the same document being both a child support agreement and:

  (a)   a parenting plan; or

  (b)   a maintenance agreement or financial agreement under the Family Law Act 1975 ; or

  (c)   a Part   VIIIAB financial agreement (within the meaning of that Act).

Additional requirements of agreements with non - periodic payment provisions

  (6)   If an agreement includes provisions of the kind referred to in paragraph   (1)(d), the statement referred to in subparagraph   (1)(d)(ii) must specify either:

  (a)   that the annual rate of child support payable under the administrative assessment is to be reduced by a specified amount that represents an annual value of the child support payable; or

  (b)   that the annual rate of child support payable under the administrative assessment is to be reduced by 100% or another specified percentage that is less than 100%.

Note:   Non - periodic payment provisions are taken to have effect as if they were a statement made by a court under section   125 in an order made under section   124 (see subsection   95(3)).

Additional requirements etc. of agreements with lump sum payment provisions

  (7)   If an agreement includes provisions of the kind referred to in paragraph   (1)(e), the provisions meet the requirements of this subsection if:

  (a)   the agreement is a binding child support agreement; and

  (b)   an administrative assessment, in relation to the child in respect of whom the agreement is made, is in force immediately before the application for acceptance of the agreement is made; and

  (c)   the amount of the lump sum payment:

  (i)   is specified in the agreement; and

  (ii)   equals or exceeds the annual rate of child support payable for the child under the administrative assessment.

Note:   If an agreement includes provisions of the kind referred to in paragraph   (1)(e) (lump sum payment provisions), the lump sum payment is credited under section   69A of the Registration and Collection Act against the amount payable under the liable party's liability (rather than reducing the annual rate of child support payable under the administrative assessment).

  (8)   An agreement that includes lump sum payment provisions may also state that the lump sum payment is to be credited against 100%, or another specified percentage that is less than 100%, of the amount payable under the liability.

Note:   If an agreement does not specify a percentage, the lump sum payment is credited against 100% of the amount payable under the liability (see section   69A of the Registration and Collection Act).