AustraliaCan I make a child support agreement directly with my ex instead of going through the agency?
Yes, you can make a private child support agreement with your ex, but it must be in writing, signed by both parties, and either registered with Services Australia or meet strict legal requirements to be enforceable.
What the Law Says
The Child Support (Assessment) Act 1989 sets out when private agreements between parents are legally recognised. There are two types: 'limited' and 'binding' agreements — each with different rules about form, enforceability, and oversight.
You can make a child support agreement directly with your ex without involving Services Australia, but it must comply with the Child Support (Assessment) Act 1989. The law recognises two kinds: limited child support agreements and binding child support agreements.
A limited agreement must be in writing, signed by both parties, and not contradict a child support assessment. It lasts for up to 3 years and can be terminated by either party giving 30 days’ written notice — unless it’s replaced by a new agreement or a court order.
A binding agreement is more formal: it must be in writing, signed by both parties, and each person must have received independent legal advice before signing. It remains in force until a new binding agreement replaces it, or a court sets it aside. Binding agreements cannot cover amounts over $10,000 per year (indexed), unless they’re made under special circumstances approved by Services Australia.
Both types of agreement must be registered with Services Australia to be enforceable — unless they’re made while a child support assessment is not in place and meet all statutory conditions.
Statutory TextA limited child support agreement is an agreement in writing that is signed by both parties and that meets the requirements of this section.
— Child Support (Assessment) Act 1989, s. 80A — Limited child support agreements
Statutory TextA binding child support agreement is an agreement in writing that is signed by both parties and that meets the requirements of this section.
— Child Support (Assessment) Act 1989, s. 80C — Binding child support agreements
Statutory TextEach party to the agreement must have received independent legal advice before signing the agreement on the effect of the agreement and the advantages and disadvantages of making the agreement.
— Child Support (Assessment) Act 1989, s. 80C(2)(b)
What to Do
Decide whether you need a limited (up to 3 years) or binding (longer-term) agreement.
Draft the agreement in writing, clearly stating the amount, frequency, and duration of payments.
Each party must obtain independent legal advice before signing — mandatory for binding agreements.
Sign the agreement in front of a witness (not required by law but recommended).
Lodge the agreement with Services Australia within 35 days of signing to register it and make it enforceable.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.