We have a 7 year old private CS agreement that was originally lodged withe the CSA. It has been hassle free for the entire period. Now the payee wants to break it and has gone to the CSA who seem to be supporting her.
Is she able to do this without any consulation/agreement from us ie the other party to the original agreement?
Many thanks for any assistance. We have had 7 CSA free years and do not want them to become a part of our lives again…..
RW, if the agreement isn't in writing then definitely yes. If it is in writing then it's a little more complicated, but quite likely yes again.
Since July 2008 there are two types of agreement Limited and Binding. Limited agreements have to be at least as much as a nominal assessment (i.e. an assessment that isn't applied). A binding agreement can be for any amount, however it must be signed by the parties and by legal advisers.
Yours would be classed as a transitional if signed and may be considered binding. Here's what the CSA Guide says :-
The CSA Guide (Extract) - 2.7.4: Effect of a child support agreement once accepted by CSA (other than lump sum payment provisions) said
Transitional arrangements for child support agreements
Prior to 1 July 2008, CSA reviewed all child support agreements that would be in force on that day (Item 73, Schedule 5, Reform of the Child Support SchemeNew Formula and Other Measures Act) (the Reforms Act).
CSA considered each agreement to determine whether the agreement contained provisions that would continue after 1 July 2008. Regulation 21 of the Child Support Reforms Regulations specifies which provisions of an agreement would continue to operate after 1 July 2008.
Where the continuity of the agreement provisions are not affected by the changed legislation, then it became a special type of binding child support agreement known as a transitional child support agreement (item 74(1)(b)(i) of the Reforms Act).
CSA will not issue notional assessments in relation to transitional child support agreements. Where the assessment is determined under a transitional agreement, a parents entitlement to Family Tax Benefit Part A will be assessed on the basis of the agreed amount of child support pursuant to the transitional agreement.
A transitional agreement can be ended by a written agreement entered into without legal advice (item 75(6) of the Reforms Act).
Where a child support agreement contained provisions that do not operate after 1 July 2008, e.g. based on components of the previous child support formula that no longer exist, it was terminated by CSA as at 30 June 2008 (item 74(1)(b)(ii) of the Reforms Act). An administrative assessment based on the child support formula was made for the period after 1 July 2008, where an administrative assessment was in place before the child support agreement was accepted. If no administrative assessment was in place before the child support agreement was accepted then CSAs decision to terminate the child support agreement has the effect of a terminating event (item 74(2) of the Reforms Act).
CSA notified the parties in writing of the decision to terminate or make binding each such agreement (item 74(3) of the Reforms Act). The parties were also advised of their objection and appeal rights (items 74(4) to (6) of the Reforms Act).