Binding agreements
Binding agreements are also written and signed by both parents, but have the following
differences to limited agreements:
- parents must seek independent legal advice to enter or end the agreement
- each parent’s lawyer must provide a statement that they provided the parent with
independent legal advice and the actual agreement must also include an acknowledgement
of this advice
- the agreement can be made for any amount that both parents agree to, including
amounts less than the formula assessment
- the agreement can only be ended by a new binding agreement or a court order setting
it aside
- there does not have to be a child support formula assessment already in place.
Your lawyer will provide you with more information about this type of agreement.
Lump sum payments
Binding agreements can include lump sum payments (including transfer of property)
to be credited as child support instead of monthly cash or electronic payments.
For these types of agreements, there must be a
formula assessment in place (unless you also want to make an agreement about
the amount of child support to be paid) and the lump sum must be equal to or greater
than the annual child support rate under that assessment.