Opting Out of the Child Support Assessment
You and your ex-partner have agreed your own arrangement for supporting your kids financially. Here's how to make that the arrangement that actually applies, instead of the standard formula.
A lot of people assume the government's child support assessment is the only option. It isn't - if you and your ex-partner already agree on what's fair, a child support agreement lets you set your own arrangement instead.
Yes, you can opt out of the standard assessment
Services Australia's child support assessment applies a standard formula based on both parents' incomes and care arrangements. A child support agreement is a private, mutually agreed alternative to that formula - instead of the formula deciding the outcome, you and your ex-partner agree the amount and arrangement yourselves, and put it in writing.
Want the fuller side-by-side breakdown of how the two options compare? See our child support agreement vs assessment comparison.
What this actually requires
There are two types of child support agreement, and they have different requirements. A limited agreement has to be based on an existing child support assessment - you're agreeing to vary from it, not replacing it outright - and either of you can end it after three years, or earlier by mutual agreement. A binding agreement doesn't need to be based on an assessment at all, but each of you must get independent legal advice before signing it, and it's harder to end once it's in place.
See our main child support agreement page for more on how the two types compare, or the DIY Kit if you'd rather prepare the paperwork yourself.
How opting out actually works
Once you're both genuinely agreed, the process itself is mostly paperwork.
Tell us what you've agreed
A couple of lines about the arrangement you and your ex-partner have in mind is enough to start.
We prepare the right type of agreement
Limited or binding, drafted to reflect what you've worked out, at a fixed price.
Independent legal advice, if it's a binding agreement
An independent family lawyer in our network arranges the independent advice each of you needs, if that applies to your agreement.
Your agreement replaces the assessment
Once it's in effect, your agreed arrangement applies instead of the standard assessment formula.
Opting out of the assessment through a child support agreement only works where you and your ex-partner genuinely agree on the arrangement. If there's still something contested about the amount or care arrangements, this isn't the right product yet - we'll tell you honestly and point you to a family lawyer who handles disputes.