a child support agreement may be ended by executing a new agreement
A child support agreement may be varied based on the Child Support (Assessment) Act 1989 by the following methods:
1. Executing a subsequent agreement that is accepted by the Child Support Agency (Section 97); or
2. Court action (Section 98).
A child support agreement may be ended by executing a new agreement that expressly provides for the liability in the previous agreement to end. If an end date of the previous liability is not specified, the CSA will end the previous agreement from the date of the new agreement.
- If a child support assessment existed before the agreement and was modified by this agreement, the assessment continues or is reinstated upon the end of the agreement.
- A court can set aside a child support agreement if it finds that the agreement was obtained by fraud or undue influence.
- If there was no child support assessment before the agreement, the end of the agreement is a terminating event.
- A parent may ask for an administrative assessment or for the acceptance of another agreement upon the end of the liability in a child support agreement.
- With respect to an agreement that involves more than one child and there is a terminating event for one of the children, the CSA will amend the assessment to give effect to the terminating event.
- The CSA will amend the assessment if the agreement has specific amount payable for each child.
If the agreement provides for a single amount for all the children, the CSA will not apportion the amount for each child but will continue to reflect the single amount that is payable under the agreement.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.