Child Support Agreement Template (Australia)

This Agreement applies to the following children of the parties:

• Oliver J. Mitchell, born 8 May 2018
• Charlotte K. Mitchell, born 21 October 2020

The Payer is the parent liable to pay child support; the Payee is the parent entitled to receive child support, under the framework of the CSA Act.

2.1 Binding under s. 80C: This Agreement is a Binding Child Support Agreement within the meaning of section 80C of the CSA Act. Both parties intend to be legally bound by its terms.

2.2 Independent Legal Advice: Each party has, before signing this Agreement, obtained independent legal advice from a legal practitioner about the effect of the Agreement on their rights and the advantages and disadvantages of making the Agreement, as required by section 80C(2)(c) of the CSA Act. The legal practitioners' certificates are annexed to this Agreement.

2.3 No Administrative Assessment Required: The parties acknowledge that a Binding Child Support Agreement does not require an existing administrative assessment under the CSA Act. The payment amount in clause 4 may be less than, equal to, or greater than the amount that would otherwise be payable under the statutory formula.

2.4 Variation Restriction: Under section 80CA of the CSA Act, this Binding Agreement cannot be varied. It can only be ended or replaced by (a) a written agreement to terminate signed by both parties; (b) the entry of a new Binding Agreement that replaces this one; (c) an order of the Federal Circuit and Family Court of Australia under section 136 of the CSA Act in exceptional circumstances; or (d) a terminating event (such as the youngest child no longer being eligible).

3.1 Amount and Frequency: The Payer will pay child support to the Payee in the amount of 2,400.00 AUD per month, commencing on 1 July 2026 and continuing until the date on which the last child reaches 18 years of age, or completes secondary school (whichever is later), or any earlier date prescribed by the CSA Act as a terminating event.

3.2 Payment Method: Payments will be made by electronic bank transfer by the Payer to the Payee's nominated bank account.

3.2 Payee Account: Account Name: Sarah J. Mitchell; BSB: 062-001; Account Number: 1234 5678.

3.4 Apportionment: Where the Agreement covers more than one child, the amount above represents the aggregate child support for all named children. On termination of support for any child (for example, on that child reaching 18 or completing secondary school), the amount will reduce pro rata, unless the parties agree in writing on a different apportionment.

4.1 Lump Sum: The Payer will pay to the Payee a one-off lump sum of 50,000.00 AUD on or before 1 July 2026.

4.2 Purpose: To establish a dedicated education trust account for both children, to be applied to private secondary school fees and tertiary expenses. The trust account will be held jointly by the parties and operated by both signatures.

4.3 Credit Against Future Liability: The parties acknowledge that, where the lump sum is treated as a credit against future child support liability under section 84 of the CSA Act, Services Australia will reduce the Payer's ongoing assessment accordingly.

5.1 Payer's Solicitor Certificate: The Payer received independent legal advice from Robert J. Mitchell of Mitchell and Carter Solicitors, Level 8, 50 Bridge Street, Sydney NSW 2000 on 4 June 2026. Robert J. Mitchell certifies that they advised the Payer about the effect of this Agreement on the Payer's rights and the advantages and disadvantages of making the Agreement, in accordance with s. 80C(2)(c) of the CSA Act.

5.2 Payee's Solicitor Certificate: The Payee received independent legal advice from Catherine L. Wilson of Wilson Family Law, Suite 4, 100 William Street, East Sydney NSW 2010 on 4 June 2026. Catherine L. Wilson certifies that they advised the Payee about the effect of this Agreement on the Payee's rights and the advantages and disadvantages of making the Agreement, in accordance with s. 80C(2)(c) of the CSA Act.

5.3 Original Certificates: Each solicitor will sign a separate certificate annexed to this Agreement, in the form required by Services Australia for acceptance of the Binding Agreement under section 90 of the CSA Act.

6.1 School Fees: The school fees of the children, including tuition, levies, uniforms, and school-prescribed equipment, will be paid in full by the Payer.

6.2 Medical and Dental Costs: Out-of-pocket medical, dental, optical, mental health, and orthodontic costs not covered by Medicare or private health insurance will be shared equally between the Payer and the Payee (50/50). Either party will provide receipts within 30 days of incurring the cost.

6.3 Extracurricular Activities: Oliver's soccer registration and equipment (winter season), Charlotte's ballet (Tuesday class) — paid by the Payer in addition to periodic support, capped at AUD 3,000 per child per calendar year.

The children will be maintained on private health insurance with Bupa Family Plus Family Cover, with premiums paid by David P. Mitchell. Each party will provide the other with current membership cards and policy details, and will not voluntarily cancel or downgrade the cover during the term of this Agreement.

The periodic child support payment in clause 3 will be adjusted annually in January to reflect movement in the Consumer Price Index (CPI — All Groups, Australia, published quarterly by the Australian Bureau of Statistics). The adjustment is calculated as: (Current CPI ÷ CPI at the date of this Agreement, or at the date of the last adjustment) × the existing payment amount.

9.1 Terminating Events: This Agreement terminates in respect of each child upon the earliest of:

(a) the child turns 18 years of age;

(b) the child completes Year 12 of secondary school (whichever is later than turning 18);

(c) the child dies;

(d) the child marries or commences a de facto relationship;

(e) the parties enter into a new Binding Child Support Agreement, an order of the Federal Circuit and Family Court of Australia, or a written variation agreement (subject to the constraints of s. 80CA / 80F of the CSA Act);

(f) the Federal Circuit and Family Court of Australia makes an order under section 136 of the CSA Act setting aside the Agreement in exceptional circumstances;

9.2 Variation Restriction (Binding): This Binding Agreement cannot be varied. Any change requires a new Binding Agreement (with fresh independent legal advice) or a court order under section 136 of the CSA Act in exceptional circumstances.

10.1 Lodgement with Services Australia: Either party may lodge this Agreement with Services Australia (Child Support Agency) for acceptance under section 90 of the CSA Act. Once accepted, the Agreement's payment terms will be administered by Services Australia or remain payable directly between the parties, at the parties' election.

10.2 Governing Law: This Agreement is made under and governed by the Child Support (Assessment) Act 1989 (Cth) and the laws of New South Wales. The Federal Circuit and Family Court of Australia has jurisdiction to deal with any dispute about the Agreement.

10.3 Severance: If any clause of this Agreement is held to be invalid or unenforceable, the remaining clauses continue in force to the maximum extent permitted by law.