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Our private binding agreement has just gone out the window due to a COA. In the court documents it says Mother shall have sole responsibility of the children's education so that means I pay for the fees.

Our private binding agreement has just gone out the window due to a COA (Still waiting for a call back for someone to explain this to me) My x does not have to  pay half of the school fees as I have 100% custody of the children. It was proven without a doubt due to court documents that we  both wanted the boy's at this school. He received all the enrollment details and never said he didn't want them there.

In the court documents it says Mother shall have sole responsibility of the children's education so that means I pay for the fees. I will object after I find out what happened to the binding agreement.
Annie, I thought that a binding private agreement cannot be changed unless both parties sign a new agreement or sign to end the PA.  How can they do a COA with a binding PA?
Perhaps it's in the wording, more specifically the word private. For a binding agreement to be, the agreement must include certification that both parties have obtained legal advice and also be registered with the CSA, the word private could indicate that it was private between the parties and that no other parties were involved.

A very recent case, that was brought to my attention today, talked about a level of administrative fiction in the passing of an agreement as binding when it was not and was not certified as previously mentioned. It also turned out the the agreement didn't adhere to the requirements for a limited agreement. In this case a stay has been put on collection through the agreement and arrears and that payment according to the formula replaces that amount, that is until the matters are heard at final hearing, when I would guess that it would be highly unlikely that the agreements comes back into play without at the minimum being significantly altered.

The case is Delany & Delany and can be found here Delany & Delany FMCA Fam 438 (8 May 2009)



CSA phoned back and are now in damage control. They forgot to get a legal certificate off him. I sent mine in but not him. My x told CSA today that it is in the mail but a COA which was started in December has now had an outcome which puts the assessment at $0.00 and no school fees because I have full custody. I spoke to the  CSA rep today and they said it was an "interesting" COA outcome and when I went through some of the results  they found it difficult to understand eg. The father also has a part time job but we do not know how much he earns so we won't add that income in???

I have to be honest I have never seen such a bad piece of writing where they addressed none of the reasons and it was so wishy washy. If they do not get the legal certificate by Monday they will phone up and go through the objection with me but I have already written it up as they have not followed any of the legislation. They even followed interim court orders rather then the final custody orders.

And yes there was already money paid according to the PA so things are going to be even more interesting.

annie said
It was proven without a doubt due to court documents that we  both wanted the boy's at this school. He received all the enrollment details and never said he didn't want them there.

In the court documents it says Mother shall have sole responsibility of the children's education so that means I pay for the fees. I will object after I find out what happened to the binding agreement.
The wording will be quite important in any final orders and just reading what you have written does not indicate there is no liability for some payment toward school fees and ancillary school billings (Of which there are usually a few). It also sounds like there are a number of errors in the assessment anyway so will be interesting to see what transpires in a week or so. Doesn't anyone know there is an obligation to take up both incomes? This is a fundamental component of the new formula. It is simply ridiculous to suggest someone would have a part time job and they don't know what they earn. I think I have almost heard it all….  :(  

Executive Secretary - Shared Parenting Council of Australia
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The COA lady seems to have just written off the orders which were made in 2003 which was a financial settlement where I did not take a percentage of the business and instead we both agreed to private schools when the boy's were in secondary school and we even named the school and added that both parents have agreed to the boy's going to ….school and have agreed to pay 50/50. The school since closed down but I informed the father and sent him all the paper work on the school which the closed down school suggested was the same. Our eldest son went to this school as it had closed down when he moved to secondary school.

Due to custody changes where final orders were made this month giving me 100% custody and responsibility of everything to do with 2 of the boy's CSA have not counted the orders in the financial settlement as they believe they are null in void due to new custody orders???

CSA promised that they would phone me back after 4pm yesterday re the binding agreement and if they now had the legal certificate but of course they have not. I cannot believe they made such a fatal error. All the father had to pay was half the school fees nothing more and both children need braces, one is a QLD soccer player and going away on all those trips costs a small fortune, we have just had a broken arm and the list goes on. I think half the school fees for the next four years was pretty reasonable and even CSA agreed as they were pretty keen to sell it to him.

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