Binding Financial Agreement

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appleton

Well-Known Member
24 November 2019
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Good Evening, I hope that everyone is well

We have received a letter from the ex's lawyer which we kindly request some advice on please. Obviously its difficult in a public forum to put across enough information for an understanding, which i can provide if it helps to understand the situation better. Essentially the letter is in response to a pending DV hearing , where the lawyer has advised that she is willing to 'accept without admission' if he enters into a Financial binding agreement. The amount sought in the binding agreement is significantly higher than the current informal agreement in place and significantly higher (5 times) than the CSA assessment (especially now with the current situation and no work).
Mediation has occurred, however she outright refused to cooperate in discussing parenting arrangements, communications, visitationetc. unless substantially higher payments were made. The lawyers letter claims that he does not contribute to the child and is absent in keeping in touch with him - however due to his age communications is restricted through mother who has blocked and denied all communications. Claims of lack of financial support are inaccurate.

My questions here are;
1. are we required to formally respond to the lawyers letter regarding the binding agreement?
2. are we required to respond to each of the questions/claims that they have put forward, and if so, do we provide them with the correct information?
3. what could we expect to happen next, accepting a financial agreement of this amount is outside financial means?
4. we were of the understanding that our next steps would be to seek a parenting order?

thank you
 

Atticus

Well-Known Member
6 February 2019
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Essentially the letter is in response to a pending DV hearing , where the lawyer has advised that she is willing to 'accept without admission' if he enters into a Financial binding agreement
So he is the applicant/protected person ?.... If there are sound reasons for applying for a DV order, it's acceptance should not be contingent on entering into any financial agreement

I assume the Binding Financial Agreement is a child support agreement?.... You should not enter into a binding CS agreement... A formula assessment is all that is needed.. BCA's are virtually impossible to set aside or vary even if financial circumstances change..

To answer your questions..
1) No you are not compelled to reply, however if you choose to, keep it very brief & to the point, ie, no thank you
2) No
3) DON'T accept.... You can't enter into a BCA without receiving your own independent legal advice on the advnatges & disadvantages of doing so anyway
4) Do you have a section 60I certificate from mediation?... If so you can apply
 

sammy01

Well-Known Member
27 September 2015
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Good advice from Atticus.
Write back, post a draft here first with important info like names removed.
Don't agree to a BFA ever. Especially not in circumstances where you're getting no agreement around time with the child.

Pay as per CSA.
How old is the child?
 

appleton

Well-Known Member
24 November 2019
23
0
121
Thank you both, in this case the BFA is sought for child support payments where the amount she claims is what was 'agreed' (5 x higher than CS assessment). We have email correspondence confirming an informal agreement amount (3 x higher than CSA amount), which is what is currently being paid direct to her - it is evident that she has not shared this with her lawyer. Unfortunately in this current environment the work situation has changed for us quite significantly, we are awaiting advise on eligibility for jobkeeper, so it may be a case of having to drop the payments down to the CSA amount. (We are of the understanding that she will be receiving additional govt spt payments at this time).

She has rejected requests for parenting plan/consent orders or anything relating to communication/visitation. However lawyer advises that she will be seeking consent orders.

This is not about 'trying to get out of paying' this has been years of blackmail & abuse, with contact with child denied, blocked, refused unless additional payments are made. He is the aggrieved in the application for a DV, we believe that we have sufficient evidence/information to support the case. The child is under 5 years and we have a 60i certificate.

Thanks again.
 

sammy01

Well-Known Member
27 September 2015
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how old is the child?
A limited financial agreement is a possibility. They expire after 3 years.
BTW clearly this isn't about trying to get out of paying. It is extortion to pay 3X the csa amount. Let alone 5X. If you're not seeing the kid then all the more reason to pay the assessed amount. Back in the day I was happy to have a honey pot... Pay a little bit extra to keep things sweet. Cheaper than going to court to get access.

BUT - the comparison I've made on this site before goes like this... You go to a restaurant (ahh I remember them...) The waitress is rude, the food poorly cooked and there are cockroaches running around. Do you leave a tip? hell no... So how is that situation differernt to your situation.

STOP PAYING - use the $$$ to get court orders so you can see the kid.
 

appleton

Well-Known Member
24 November 2019
23
0
121
Sammy I just love your analogies. Child is 3.
The amount she is seeking is well outside financial means, and her attitude to date is that the 3x amount (honey pot) is still not enough, additional payments are made on top of this for sports/toys etc. Very unlikely that she will accept anything less than the 5x amount - and you are correct, if she gets the BFA, the child will disappear completely, as her intentions are to take money and deny access completely (we have this in writing from her).

Your comment regarding extortion is in essence what the DV speaks to.

Thank you, we will start looking into the court orders for access, I will refer back to other posts on this site for information on how to proceed. Should note that the additional difficulty is that we reside in different states, so communication sought is limited to phone/video calls and then visitation periodically through the year.
 

sammy01

Well-Known Member
27 September 2015
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Is the living in other states just a harsh reality OR something you're looking to fix?

By the sounds of things you're only after a few weeks a year and the chance to facetime?

All you're expected to pay is child support. BTW - This might interest you.
You might be able to seek a reduction in your child support due to the high costs involved in travel expenses / accomodation etc involved in getting to spend time with the child.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney

Atticus

Well-Known Member
6 February 2019
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The amount sought in the binding agreement is significantly higher than the current informal agreement in place
Assuming you mean it's just a verbal agreement, private collect arrangement?

What is the situation regarding her current financial position?... Has a property division been done/in the process?