When a married couple starts to drift apart, the situation will often end in acrimony. This is unfortunate but is often inevitable as monetary matters and other issues prove to be too difficult to overcome. Tempers can be frayed at the time, and it can often be difficult to look at the situation in the cold light of day, and when children are involved, there are additional implications. You may have been through this situation some time ago and found it necessary to enter into a binding support agreement just to get through it all. The situation is very different now, however, so is there any way that you can make modifications to that agreement?
The Australian courts are primarily concerned with the welfare of the children and will go out of their way to assure that the kids are front and centre during a dispute. The two parties may not be able to come to an agreement and, therefore, the court will do so instead, taking all of the information into account and issuing a judgment that is intended to be long-lasting. They may not be too keen to change their mind now but will nevertheless consider the argument if they feel that it's valid.
Agreement and Evidence
Above all else, you will need to determine that your former partner is on the same page when it comes to changing the terms of the agreement. There should be no confusion here, as the court will almost certainly throw out your application if there is. Carefully consider how you will approach the new arrangement, as you need to convince the court that no additional issues will arise if modifications are made to the old document. Just bear in mind that if you propose an extensive amendment to the original agreement, it may be better for you to apply for voluntary termination instead so that you can start again from scratch.
One or both of the parties can often find that this type of formal support agreement is difficult to live with and often due to the financial implications contained within. If you're able to show that your circumstances have changed to such a degree that you can no longer give the same level of support detailed in the agreement, then you should put forward a lot of supporting information to back your position.
Chance of Success
While it is not easy to overturn a court filing like this, it is possible given the right approach. It's nevertheless best to work with an experienced family lawyer to have the best chance of success.
Reach out to a law firm such as Ray Swift Moutrage & Associates to learn more.