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Can either parent sign away child support rights ?

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I was divorced in 2001 and property settlement took place in 2002. I relinquished any right to Child Support. Can anyone tell me if the papers signed back then were legally binding, as i have heard that no-one can sign away their rights to Child Support.

I was divorced in 2001 and property settlement took place in 2002. I came from a very violent relationship. Due to a discrepancy in settlement amount (which went in my favour), my ex got very angry and was threatening me in order to get back what he thought was his.

Anyway he ended up getting a solicitor to make papers for me to sign which means I relinquished any right to Child Support. I had advice to get a solicitor too, and went and signed the papers.

I signed the papers under duress, as I was afraid for my life, as my ex had made certain threats. We also had a verbal agreement that my ex would be sharing care of our children who were 12 and 16 at the time.

Not long after, my ex told my yougest son that it was best if he didnt stay with him on weekend anymore and that he could pop in during the week after school if he liked. This hurt my sons feeling, and my son stopped going to see his dad.

So i had full time care of one child for 2 years till he turned 18, and full time care of my other son for 6 years. Can anyone tell me if the papers i signed back then were legally binding, as i have heard that no-one can sign away their rights to Child Support.

I am looking for legal advice in this matter, as i feel my children were disadvantaged financially and emotionally from their experience. Is it possible to sue for back Child Support.
"I had advice to get a solicitor too, and went and signed the papers."



Did you seek advice from a solicitor before signing the papers? I am nowhere near as experienced as many on this forum, but, I do know from personal experience that verbal agreements don't hold any weight. I had written agreements signed by a JP but as I didn't have them ratified by the FMC they too hold very little weight.

Were the papers lodged with the CSA? Have you been in touch with the CSA to discuss this matter?

Perhaps the best thing to do at this point is to see a solicitor and show the papers based on what your post says.
If you want legal advice in this matter you could contact your local solicitor. My view is the contracts will be binding and CSA will consider the 7 years that has passed. You can also call CSA on their main number 131 272 as they will give you advice.

Executive Secretary - Shared Parenting Council of Australia
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