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NSW Cancelling Child Support Agreement - Need Family Court Approval?

Discussion in 'Family Law Forum' started by Jane1983, 28 March 2016.

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  1. Jane1983

    Jane1983 Member

    28 March 2016
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    I'm seeking some guidance on how to go about cancelling a Child Support Agreement with my child's biological father. Is it as simple as contacting Child Support and letting them know that I don't require any money from him or do I need approval from a Family Court?

    He is withholding paperwork for my daughter to change her surname and will only sign the form when I have cancelled his child support obligations. My daughter has always had my surname and wants a name change to her stepfather's surname when we wed.

    I haven't been able to locate this information on the Child Support website.

    Thank you in advance.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Is it a private child support agreement between you? or has it been assessed by the DHS?

    A child support agreement continues to be in force until the day specified in the agreement that it ends, unless terminated earlier. Check out this information on how to terminate a government assessed child support agreement: 2.7.5 Changing or Terminating a Child Support Agreement | Child Support Guide
  3. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    You can't cancel his child support obligations. Nor should you be able to be threatened that way...

    I play dirty. So call CSA and tell them that from now on you're gonna be a private collect client. That means you're telling them that you don't want them to collect child support on your behalf and you and the dad have a private agreement. Then once you get the paperwork, from dad and get it filed etc you can call CSA and tell them you've changed your mind and you want them to collect the child support.

    Look one of the problems is that if you collect family tax benefit then they might get grumpy and refuse or reduce your payments for FTB.

    Depending on how much you get from the dad, it might just be worth telling CSA that you're now a private collect client and letting it go. So I'm my case I have 3 kids living with me 80% of the time. The other parent doesn't pay any child support, so what's it matter, but if the child support amount is a reasonable amount then why the heck should he get away with scamming you like that...
  4. Clancy

    Clancy Well-Known Member

    6 April 2016
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    By changing the surname you are symbolically saying someone else is now the father, so why should the ex pay child support? Personally, I totally get his point, but in legal terms it's not a workable arrangement and he is making himself vulnerable as the above poster clearly demonstrates.

    An informal agreement and private collection seems to be the answer and you're good to go, then if ever you're feeling vindictive or whatever, you can hit him up for child support after the name change.

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