Clarification of TERMINATING EVENT - when does an agreement terminate?

[TheRealPM]

Below is an extract of an binding agreement - seeking learned opinion/clarification on

TERMINATING EVENTS
Subject to the provisions of this Agreement, child support will cease to be paid by the Liable parent pursuant to this Agreement in respect of the Children or any of them when:

the Children or any of them attain the age of 18 years;

Question is, which case applies. Does the agreement terminate

1... in its entirety when eldest child turns 18
OR
2... applies with each child ,, until each / that child turns 18

This may apply or also help (?)

ENTIRE AGREMENT
The Parties acknowledge that:

this Agreement contains the entire Agreement of the Parties with respect to its subject matter;

this Agreement sets out the only conduct relied on by the Parties and supersedes all earlier conduct, representations or statements made by the Parties with respect to its subject matter;

no other representations or statements made outside this Agreement will have any effect on this Agreement’s validity; and

to the extent of any inconsistency with previous s or contracts, the terms of this Agreement will prevail.

appreciate your replies, especially those from learned friends

 

[CSFLW]

Is this a binding child support agreement or a limited child support agreement?

 

[Atticus]

TERMINATING EVENTS
Subject to the provisions of this Agreement....

Without seeing all the provisions, I would say it applies to each child as they turn 18 .... Wouldn't make sense to have it end for all of them when eldest turns 18..

Are you a party to this agreement? As binding agreement, surely should have been explained at the time.

 

[TheRealPM]

It is a binding child support agreement.
It does not matter what makes sense (lots in it makes no sense and is irrelevant) or was explained, ONLY matters what the ink says, right ? hence the question ;-)

PS Thanks you!

 

[TheRealPM]

And PS I am happy to have bumped into this forum. I'm an active participant in other forums where I am an expert , enjoy trowing thru this one now too,.

 

[Atticus]

It does not matter what makes sense (lots in it makes no sense and is irrelevant) or was explained

As a BCSA both parties (are you one?) would have to have explained to them exactly what they are signing up to, that's part of why it's accepted as binding on all parties.

Also, yes the provisions that the terms you question are subject to matters, & we don't know them.... So best answer based on the little info supplied, is that like all CS, the terminating event would be at each childs 18th birthday

 

[CSFLW]

It is a binding child support agreement.

If you have signed the agreement, your lawyer should have provided this advice.

 

[TheRealPM]

Yes I am a party.

No harm in a second opinion, its not like the law is black and white now is it. Or we wouldnt need courts or forums like this ;-)

It is the "any" that worries me. In the normal use of the word 'any' means any one

def: used to refer to one or some of a thing or number of things, no matter how much or how many.

 

[CSFLW]

The Real PM

If you are entering in to a Binding Child Support Agreement you must have independent legal advice from a lawyer.

In this way, your lawyer (if you have one) will explain your queries.

 

[sammy01]

Nope the law is black and white. Especially in this instance. The ink was black, the paper white.
Now you've asked a question without providing all of the details on that piece of paper and frankly, Atticus gave you a common sense answer. It DOES make sense that the agreement changes when the eldest turns 18 and that is how CSA sees it.

Frankly, if you're of the opinion that the payer should pay the same amount until the youngest turns 18 I think that is wrong both in principle and according to the law. Equally, I'm sure that the other parties solicitor would not have advised him/her to sign such an agreement.

So what is the other forum you mentioned? just outa interest?