How to change or terminate a child support agreement
The following are the ways to terminate a binding child support agreement:
- Executing a subsequent child support agreement which includes a clause that the previous agreement is terminated;
- Executing a binding child support agreement that the previous child support agreement is terminated, also known as termination agreement;
- Obtaining a court order setting aside the child support agreement.
The following are the ways to terminate a limited child support agreement:
- Executing a subsequent limited or binding child support agreement which provides that the previous agreement is terminated;
- Executing an agreement to the effect that the previous child support agreement is terminated;
- Obtaining a court order setting aside the child support agreement;
- If the notional assessment in relations to the child support agreement differs by more than 15% from the previous notional assessment which is not contemplated by either party electing to terminate the agreement in writing within 60 days from receipt of the notice of the new notional assessment or 90 days if the parent is a resident of a reciprocating jurisdiction;
- Either party giving written notice of termination to the Child Support Agency if the agreement was made more than 3 years prior to the notice. The agreement will be terminated within 28 days after the written notice is received by the Child Support Agency.
Transitional child support agreements may be terminated:
- By an agreement in writing by both parties to the effect that the previous agreement is terminated.
When an agreement ends the child support liability ends. If a payee later reapplies for an assessment and the application is accepted, the assessment will be made using the formula assessment provisions as they are modified by the child support agreement.