Careful and Compassionate Blogs About the Law: A Legal Blog

Can You Change the Terms of a Formal Support Agreement in the Future?

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?

Careful Consideration

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.

Changing Circumstances

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.

About Me

Careful and Compassionate Blogs About the Law: A Legal Blog

Welcome to my blog. My name is Gina, and I used to work as a paralegal. That experience was amazing, and I got a great behind the scenes look at the law. In this blog, I am going to take that information and write carefully researched blogs that take a compassionate look at the various aspects of the law. I may write about everything, from personal injury, to divorce, to other types of cases. After leaving the legal world, I worked as a corporate writer for a large insurance company until my first son was born. Now, five years later, I am ready to get back in the work force, and I am working on creating a larger writing portfolio. I hope to include this blog as part of it, but more importantly, I hope these posts answer your questions about legal issues.