To be a parenting plan under the Family Law Act 1975 your agreement must deal with an
aspect of the care, welfare and development of a child.
However, your agreement can still be a parenting plan under the Family Law Act if it includes
other things (such as spousal maintenance or property) but those provisions will not be
legally enforceable. There are ways to make a legally enforceable agreement about these
issues, such as seeking a court order by consent.
Parenting plans, child support and Centrelink
Any changes to the care arrangements for your children can affect child support, income
support and family assistance payments.
If you have a parenting plan and Child Support (CS) has a copy of it, CS can base your care
levels in your child support assessment on the care levels outlined in the plan.
If your parenting plan specifies amounts for child support payments, CS cannot enforce it
unless it is also a valid child support agreement and you or the other parent ask CS to
accept it.
There are some conditions that must be met before CS can accept a child support
agreement. For example, parents who agree to less child support than the amount assessed
under the child support formula can do so, as long as they get legal advice.
The type of agreement you make, and the amount of child support you agree to pay or
receive, can affect your child support Family Tax Benefit Part A entitlement. The amount of
Family Tax Benefit Part A you receive is based on CS’s formula assessment, not the child
support agreement.
For help and information contact:
- Child Support on 131 272 or visit
www.humanservices.gov.au/customer/dhs/child-support - Centrelink (Families and Parents Line) on 136 150 or visit
www.humanservices.gov.au/customer/themes/families
