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ARTICLE · 21 MARCH 2019

Could your Binding Child Support Agreement be suspended?

These child support amendments may affect you if you have a current Binding Child Support Agreement with your ex-partner.

AustraliaFamily and Matrimonial

On 1 July 2018, amendments to the Child Support (Assessment) Act 1989 were made which have the potential to affect you if you have a current Binding Child Support Agreement with your ex-partner.

These recently introduced changes will affect you if under your Child Support Agreement, the parent receiving child support ("payee parent") is caring for a child across less than 35% of all overnight stays.  If this is the case, the payee parent is no longer considered to be an "eligible carer" under the relevant legislation, and is in turn no longer eligible to receive child support payments.

If this is the case, the Binding Child Support Agreement may be suspended for 28 days - although it is important to note that this period of suspension can be extended to 26 weeks in circumstances where:

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