Any party to a mandatory maintenance contract must have received independent legal advice prior to the conclusion of the agreement and receive independent legal advice before terminating the agreement. This legal advice must be provided by a lawyer approved by the Supreme Court of an Australian state or territory and who has an updated certificate of practice. Legal aid is not considered independent if: parents can conclude their own agreements on family allowances. The agreement may concern itself with the quantity and form of transfer of family allowances. There are two legal types of child support agreements: when the indicated day arrives, the registrant terminates the assessment from that day on (an “end-of-year event” in accordance with section 12(4) of the CSA Act. A provision to end maintenance liability does not prevent any parent from claiming taxation in the future. Gold Coast Legal Service – offers legal advice on family allowances. A mandatory child support contract cannot be changed (CSA Act Section 80CA). In order to amend a binding child support agreement, the agreement must be terminated and replaced by a new binding child welfare agreement. For more information on how to amend or terminate a binding maintenance contract, see point 2.7.5.
For more information on how to suspend a compulsory child support contract, see point 2.7.6. A binding maintenance agreement can only be terminated in writing by both parents, by another binding agreement or by a court order.