Binding Child Support Agreements: What You Need to Know

Every parent has a legal obligation to support their child financially. However, sometimes circumstances change and parents may need to negotiate a different child support arrangement. In such cases, a Binding Child Support Agreement (BCSA) can provide a reliable and enforceable solution.

What is a Binding Child Support Agreement?

A BCSA is a legally binding agreement between two parties that establishes the amount of child support payments and how they will be paid. It gives parents more control over the child support process, allowing them to avoid the rigidity of the statutory child support formula.

Unlike a regular child support arrangement, a BCSA is a private agreement that can be customized to suit the specific needs of both parties. It can also include provisions for other expenses such as medical costs and education fees.

Why Choose a Binding Child Support Agreement?

There are several reasons why parents may choose a BCSA over a regular child support arrangement. These include:

– Greater flexibility: As mentioned, a BCSA can be tailored to suit the needs of both parties. This means that parents can negotiate specific provisions such as payment frequency or the inclusion of additional expenses.

– Control: With a BCSA, both parties have greater control over the child support process. They can agree on the amount of child support payments directly rather than relying on the statutory formula.

– Enforceability: A BCSA is a legally binding agreement that can be enforced by the courts. This provides greater security for parties who may be concerned about a non-paying parent.

– Privacy: A BCSA is a private agreement that is not filed with the court, providing greater privacy for parties who may not want their financial arrangements made public.

How to Create a Binding Child Support Agreement

Creating a BCSA requires both parties to agree on the amount and frequency of child support payments and other expenses. This agreement must be in writing and signed by both parties in the presence of a witness.

It is also important to seek legal advice before entering into a BCSA. A lawyer can provide guidance on the content of the agreement and ensure that both parties understand the terms and conditions.

Once created, the BCSA is a legally binding document that is enforceable by the courts. However, it can only be amended or terminated by mutual agreement or by a court order.

In Summary

A Binding Child Support Agreement is a private, legally binding agreement between two parties that establishes the amount and method of child support payments. It offers greater flexibility, control, enforceability, and privacy than a regular child support arrangement. To create one, both parties must agree on the terms, seek legal advice, and sign the agreement in the presence of a witness.