A parent may request a child care assessment for a child if they do not live with the child`s other parent. A child care assessment can be carried out regardless of a child`s level of care. If an application for assessment is submitted, both parents are assessed by the CS Agency. In order to amend or repeal a binding child welfare agreement, it must “at the same time as the conclusion of this agreement, the parties intend to conclude a binding financial agreement under the FL Act. In the event that the parties do not enter into the aforementioned binding financial agreement, this child assistance agreement will have no force and effect. You should keep in mind that if you agree to participate in a mandatory child welfare contract, each of your circumstances will be considered on that date. What if, 12 months later, your former partner starts earning a lot more or reduces his or her part-time working time? What happens if one of you loses your job? What happens if the payer has investment transfers that can be sold when he or she cannot pay for child care? What if he or she is new partner and has another child? Are they income or assets related to that person`s income or wealth? What happens if an AVO has been issued? Your lawyer`s ability to develop the BCSA is very important to ensure that the agreement adequately reflects the intentions of the parties and that it will finalize potential risk areas that a change in a party`s personal circumstances may entail. For example, looking at issues such as what happens when a payer loses his or her job and receives social security benefits requires careful consideration and specific drafting by your lawyer to ensure that the obligation to pay family allowances persists. Your lawyer`s negotiating skills are also very important, as it is customary for the proposed BCSA to be reviewed several times before the terms are agreed upon by the parties to the agreement and your lawyer must understand what your non-negotiable needs are, contrary to your wishes that can be used to negotiate on your behalf. Each party to a binding child welfare agreement must have received independent legal advice prior to the conclusion of the contract and receive independent legal advice prior to the termination of the contract. This legal advice must be provided by a lawyer licensed by the Supreme Court of a state or territory in Australia and with an up-to-date certificate of practice. Legal advice is not considered independent if: when there is no decision (for example. B a change in support or income) that takes effect before the start date of the agreement, the rate or amount applicable under paragraphs 80E (2) of the CSA Act. , 80E (3) or 80E (4) is the rate or amount of the modified assessment.
Therefore, the Clerk will complete the decision before applying the review in accordance with CSA Sections 80E (2), 80E (3) or 80E (4). Compelling child welfare agreements should give parents the freedom and flexibility to adopt different childcare rules, while ensuring a high level of safety and finality. For this reason, the evaluation law provides for the need for independent legal advice so that the parties to the binding child custody agreement understand the pros and cons of such an agreement.