Binding Child Support Agreement Set Aside

Binding Child Support Agreement Set Aside: What it Means and What to Do Next

A binding child support agreement (BCSA) is a legal contract between separated or divorced parents that establishes the amount and frequency of child support payments. Once signed and registered with the Child Support Agency, a BCSA is binding and enforceable, meaning that both parties are obligated to comply with its terms until it expires or is terminated.

However, there are circumstances where a BCSA can be set aside by a court or administrative tribunal, either in whole or in part. This means that the agreement is no longer legally valid or enforceable, and the parties have to renegotiate or seek a new child support order.

There are several grounds for setting aside a BCSA, such as fraud, duress, undue influence, unconscionable conduct, or a significant change in the circumstances of one or both parties or the child. Each case is different, and the court or tribunal will consider the evidence presented by the parties and the policy objectives of the child support legislation.

For example, if one parent can prove that they were coerced or misled into signing the BCSA, or that the other parent failed to disclose relevant information, such as income or assets, the court may set aside the agreement. Similarly, if the BCSA is grossly unfair or inequitable, or if one parent`s financial situation has significantly improved or worsened since the agreement was made, the court may vary or terminate the agreement.

If you are considering applying to have a BCSA set aside, you should seek professional legal advice from a family lawyer or a legal aid organization. They can help you understand your rights and obligations under the child support laws, assess the strength of your case, and represent you in court or tribunal proceedings.

To apply to set aside a BCSA, you will need to prepare and file a formal application with the court or tribunal that has jurisdiction over your case. The application should include a detailed statement of facts, supporting documents, and legal arguments explaining why the BCSA should be set aside or varied.

You may also need to participate in mediation or negotiation with the other parent or their legal representative to try to reach a settlement before the hearing. If you cannot agree on a new child support arrangement, the court or tribunal will make a decision based on the evidence and the relevant legal principles.

In summary, a binding child support agreement can be set aside in certain circumstances, such as fraud, duress, unconscionability, or a significant change in circumstances. If you believe that your BCSA should be set aside or varied, you should consult a family lawyer or a legal aid organization and prepare a formal application with supporting evidence. It is essential to understand your rights and obligations under the child support laws and to seek professional advice before taking any legal action.