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NSW Binding Financial Agreements and Child Support?

Discussion in 'Family Law Forum' started by Help Please, 9 April 2016.

  1. Help Please

    Help Please Member

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    My partner of 7 months and I are pregnant. My partner is on Centrelink benefits, lives at home with his mother in a rented house and has no real savings or assets (other than a cheap car). I earn a good salary, own my own house, investment property and shares etc. There are 2 ways things could go in coming months:

    1. We stay together to raise the child and he moves into the house that I own

    2. We split up and he will likely pursue joint custody

    For option 1 - I have read about Binding Financial Agreement – Cohabitation Agreement, 90UB - for couples intending to live together, but not yet sharing a residence and consent orders. I am wondering how solid these agreements/orders are and if my assets and savings would be secure if we were to move in together and later split up?

    For option 2 – I have read about child support agreements and I don’t want any payments from him but am concerned that I may end up having to pay him money following a child support assessment if he takes regular care of the child. Is there a way I can protect myself? Is it better if his name isn’t on the birth certificate?

    Any help would be greatly appreciated.
     
  2. sammy01

    sammy01 Well-Known Member

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    Binding financial agreements are not as 'binding' as you think. My solicitor refused to do one. The longer the relationship lasts, the greater the reason to say it is no longer valid. You would both have to get independent legal advice.

    Do a search for child support estimators. Put in your details and other hypotheticals like incomes and % of care and see what they come up with.

    Put his name on the birth certificate because he is the father.

    As far as him moving in with you - well if you think it is a genuine prospect that you'll live happily ever after then get him to move in. Realise that a short relationship - say 2-3 yrs co-habituating tends to result in each party taking their own stuff if there is a separation, but after say7-8 yrs, it is more likely to result in him getting a chunk of your stuff.
     
  3. sammy01

    sammy01 Well-Known Member

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    Oops, forgot a thing or two. Centrelink will want to know who the dad is and may restrict your access to funded child care if you don't comply. You might wanna look into that as a reason to put his name on the birth certificate.
     
  4. Clancy

    Clancy Well-Known Member

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    Well there is a reason the term 'gold digger' exists, and it will continue to exist so long as the law maintains its fantasy that people magically acquire a portion of assets they did not earn because a certain period of time passes by. There is not much you can do to protect yourself other than moving to America where pre-nups actually work.
     
  5. Hope this helps

    Hope this helps Well-Known Member

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    You are under no obligation to place the father's name on the birth certificate. If you are worried to the extent of your questions (good practical, logical, smart questions) then it is obvious that true love does not come into this relationship. Every concern you have is correct.

    As Clancy states, the best thing is to move to America where pre-nups do exist but not here. There are many working single mothers that have not placed the name of the father on the certificate and have not had a problem with child care centres nor tax rebates let alone Centrelink family payments A and B (depending on your earnings) or other Centrelink benefits due to the fact that the father's name is not on the child's birth certificate.

    Numerous women have their own reasons why they won't or can't place the father's name on the certificate. The question really is asking yourself whether it is love or lust with regards to this guy and whether you wish him to be part of your personal life. Don't fool yourself into thinking just because you don't need or want child support from him that he doesn't have equal rights to his child as you do because he does! What you will also have to think about apart from the man being your partner in life, financial situation is the child.

    The child has every right to know and have contact with both parents. Both parents have every right to have equal contact with their child. It's your decision now whilst the child is unborn whether you continue to have a relationship with the father of the child. Once the child is born - it is the Child's Rights and best interest of the child that will be priority number 1 and held above adults' disagreements.
     

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