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Child Support Act 1991

Jurisdiction of courts in relation to child support and domestic maintenance - Orders to set aside voluntary agreements

113: Power to set aside agreements

You could also call this:

“Court can cancel child support agreements if someone was tricked or pressured”

The Family Court can cancel a voluntary agreement if someone involved in the agreement asks them to. They might do this if the person was tricked, pressured, or made a big mistake when they agreed to it.

If you’re part of the agreement, you can ask the court to look at it. But remember, there’s a special rule in section 125 that might affect who can be involved in this process.

If the court cancels the agreement, they can make new rules to make things fair. These rules might change what people have to do or what they get. This could affect the child, the person looking after the child, or the parent who has to pay child support.

The court can make these new rules when they cancel the old agreement, or they can do it later if someone asks them to.

Once the court decides what to do, the Commissioner (that’s a government worker) has to make sure it happens as soon as they can.

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Topics:
Family and relationships > Children and parenting
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"Changing or stopping a child support order: How the court can help"

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"How decisions about ending an agreement are put into action"

Part 7 Jurisdiction of courts in relation to child support and domestic maintenance
Orders to set aside voluntary agreements

113Power to set aside agreements

  1. The Family Court may set aside a voluntary agreement if the court is satisfied, on application by a party to the agreement, that the concurrence of the party was obtained by fraud or undue influence or that the party was influenced in his or her decision to enter into the agreement by a mistake that was material to him or her.

  2. Subject to section 125, the parties to a proceeding under subsection (1) of this section are the parties to the agreement.

  3. Where a voluntary agreement is set aside under subsection (1), the Family Court may make such orders as it considers just and equitable for the purpose of preserving or adjusting the rights of the party concerned or, as the case may be, the child concerned or a person who is or was a receiving carer, or a liable parent, in relation to the child.

  4. An order under subsection (3) may be made in the proceedings in which the order is set aside or in other proceedings brought on the application of a person who is or was a receiving carer, or a liable parent, in relation to the child concerned.

  5. The Commissioner shall, as soon as practicable, take such action as is necessary to give effect to the order.

Compare
  • Child Support (Assessment) Act 1989 ss 136, 137 (Aust)
Notes
  • Section 113(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 113(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 113(3): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
  • Section 113(3): amended, on , by section 3 of the Child Support Amendment Act 2005 (2005 No 6).
  • Section 113(4): amended, on , by section 34 of the Child Support Amendment Act 2013 (2013 No 12).
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