Change by the Court (only one parent requires change)
If only one parent wishes to end the Binding Child Support Agreements, they may seek a Court Order to set the agreement aside, but such an order will be available only in very limited circumstances.
To set the agreement aside the Court must be satisfied as follows:
- the agreement of the party was obtained by fraud or failure to disclose material information, or through undue influence, duress, or unconscionable conduct such that it would be unjust not to set the agreement aside; or
- that exceptional circumstances have arisen since the agreement was made, so that the child or applicant parent will suffer hardship if the agreement remains in place.
If one party has persuaded the other party to accept (without proper legal advice) an ‘unfair’ or inappropriate Child Support amount, then the agreement may be set aside.
Both Limited Child Support Agreements and Binding Child Support Agreements can be set aside by court order, however, Binding Child Support Agreements are harder to set aside than Limited Child Support Agreements.