VIC Difference Between a Binding Financial Agreement and Child Support Agreement?

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ThomasToo

Well-Known Member
15 May 2016
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Is there a difference in the effect of an Binding Financial Agreement and a Binding Child Support Agreement (it's in addition to child support, and for school fees, uniforms and medical) in how the payments are collected or enforced? What legal remedy is available to the recipient of money under the agreement, in the event of default?

Background is that handwritten head of agreement ex and I signed states, BFA, while the draft orders state Binding Financial Agreement. I'm wondering why the change and does it matter?
 

sammy01

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27 September 2015
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I'm assuming you're a payer? Don't sign a BFA... So lets pretend the kids live with the other parent. In 5 years, the child comes to live with you... You have a BFA that says you will give the other parent $1000 a month. When the kid comes lives with you, you will still pay even though the child lives with you.
 

ThomasToo

Well-Known Member
15 May 2016
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Yes, I hear you.
I am a payer, and I only agreed as I need to settle financially, cant afford anymore fees. And the bitter negotiation was pay for school fees, uniforms and medical via BFA (which has now changed in draft consent orders - sorry I made a mistake in original message - to Binding child support agreement), or OP wont agree to shared parental responsibility. I decided that the cost of future school fees until high school (when we can go to public) would be cheaper than going to trial. Naturally I want (shared) parental responsibility.
But concerned about the operation of the agreement - I think I'm best for it to be managed outside CSA (while i intend paying and intend keeping up to date with payments etc, I am currently).
The wording is to share expenses, in addition to CSA assessed obligations to the other party.
 

sammy01

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27 September 2015
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I'd be very wary... Firstly, shared parental is a given (unless there is some history you're not telling us about). It is not something that you should be effectively bribed into... You already have shared parental responsibility. The fact that she is even suggesting that shared parental responsibility is something to be negotiated over is a real concern.
So how will CSA deal with it?
3.3.1 Notification of Court Orders & Court Registered Agreements | Child Support Guide

They will collect the $ for her, if she wants. So hypothetically, you agree to 5 nights a fortnight with the child and pay child support based on that % of care PLUS half school fees, uniforms etc. The ex stops giving you access to the kids. She then tells CSA you have 0% care. Unless you take court action to resume care, CSA will increase your child support to the maximum amount and will continue to hit you up for half school fess, uniforms etc etc.


So you want to make sure everything is water tight... So one concern I have is that because you have agreed to pay half of school fees for primary school she could make the case that you intended to continue paying school fees into high school. So while theoretically, you have shared parental... She enrols the kids in Toffy nose elite ladies college. She then sends invoices to you OR to CSA for $$$ fees.
CSA rules - 2.6.9 Reason 3 - High Costs of Caring for, Educating or Training the Child in the Manner Expected by the Parents | Child Support Guide

Solution - make sure the consent orders are tight - Request that they stipulate that the private school stuff ends at year 7. OR they stipulate which school the kids will attend.
 

ThomasToo

Well-Known Member
15 May 2016
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Thanks, There is history, of course, allegations of FV against me, consent without admission. Allegations untrue and unproven,we've been two years in court, and certainly nothing of that behaviour seen there. I did have one lawyer letter from OP stating that a family member (mine) has breached the AVO on my behalf, but when we asked for details none were forthcoming.In relation though to the shared parental responsibility being traded with half school fees, this is how it was presented to me by my barrister, as I'm assuming presented by OP legal person during a conference about children and property. I was never under any illusion by her words (when we could speak prior to AVO) and in affidavits etc that OP wanted sole parental responsibility. We are currently heading toward trial, which I'm trying to avoid, as the OP family has money ... and I don't.

Thanks for the links, these have answered some other questions that i had. The interesting thing that current draft orders state nett and agreed, but if these costs are collected via child support, how do CSA check that these are actually nett and agreed. Appreciate specific comments about high school, will to add this into order.