CHILD SUPPORT

 

Binding Child Support Agreements

 

For a Binding Child Support Agreement to be valid and enforceable:

  • It must be in writing;

  • It must be signed by both parties to the Agreement;

  • Both parties to the Agreement must each obtain their own Independent Legal Advice as to:
    • The effect of the Agreement on the rights of the parties; and

    • The advantages and disadvantages to that person of entering into the Agreement;

  • It must not have been terminated under section 80D of the Act; and

  • An original or copy of the Agreement must be given to each party after the Agreement has been signed;

  • It must be registered.

The amount of Child Support the Binding Child Support Agreement says is payable, may be more or less than the amount which would be payable under a Child Support Agency formula assessment.

A Child Support Agency formula assessment does not need to be in place before the Binding Child Support Agreement is registered.

Once it is made, a Binding Child Support Agreement cannot be varied.

Once entered into, a Binding Child Support Agreement can only be terminated if:

  • Both parties to the Agreement each obtaining their own Independent Legal Advice;

  •  Both parties to the Agreement  enter into either:

    • A Termination Agreement; or

    • A new Binding Child Support Agreement which terminates the previous Agreement.

  • A Court Order terminating the Binding Child Support Agreement is made.  A Court Order  will only be granted in very limited circumstances.

 

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Content By:
Michelle Beatty
MRB LAW

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