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Changes to the Child Support (Assessment) Act took effect as of 1 July 2018, with such changes being retrospective across all agreements. This means that anyone with an active Binding Child Support Agreement needs to be aware of the amendments and what they might mean to the agreement that they have.
The effect of the changes is that child support agreements can be suspended or terminated in certain circumstances.
If the agreement does not provide for what is to occur in the event of a change of care; and the carer entitled to support pursuant to the agreement ceases to be an eligible carer (i.e. should their care drop below 35% of nights) the agreement will be affected.
The result of a change in parenting arrangements not provided for in the agreement is that the agreement will be suspended for 28 days or 26 weeks depending on the circumstances. Following this suspension period, the Binding Child Support Agreement may be terminated altogether if the primary parent doesn’t return to the status of primary parent.
If you have a Binding Child Support Agreement that pre-dates the changes we recommend that you contact our office to discuss the changes and what, if any, bearing they have on your existing agreement.
About the author
Samantha Sticklan
Director
LLB, Acc. Spec (Fam. Law), Accredited Mediator NMAS, BA(Journ)
Samantha Sticklan commenced with Macrossan & Amiet in February 2018. Samantha grew up in Northern NSW, relocating to Brisbane to attend boarding school and later obtaining her law degree at Griffith University.
In 2004 Samantha relocated to Mackay to take up employment as an Articled Clerk. Samantha was previously employed by another local practice for 14 years, during which time she was successful in obtaining recognition as an Accredited Family Law Specialist by the Qld Law Society.
Samantha is a mother and wife, and when not working keeps her stress levels at bay by taking part in a variety of physical pursuits.
Samantha is an active member of the Mackay Community, currently volunteering with Artspace Mackay Foundation, the Mackay Community Legal Centre and the BMA Mackay Marina Run.
About Macrossan & Amiet Solicitors
For over 100 years, Macrossan & Amiet Solicitors has been a leading local law firm in Mackay, with offices in Proserpine and Cannonvale servicing the Whitsundays region. Our experienced solicitors provide professional legal services to individuals, families and businesses across regional Queensland.
Whether you need representation in court, assistance buying or selling property, or advice on protecting your assets, our Mackay lawyers are committed to achieving the best possible outcome for you.
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