A Child Support Agreement is between the parents to determine the amount and responsibility for child support payments. This is a modification to the Child Support Order passed by the court that the parents have agreed voluntarily due to a substantial change in the circumstances. This is drafted in favour of the Father
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The Child Support Agreement is a legal document that outlines the responsibilities and obligations of both parents in providing financial support for their child. This agreement is made between Party 1 (referred to as the 'Father') and Party 2 (referred to as the 'Mother'). The agreement begins with a brief introduction, stating that the parties are the parents or legal guardians of a minor child. It also confirms that no other minor child has been born during the marriage.
The agreement acknowledges that there has been a child support order issued by the court, which ordered a certain amount of child support to be paid. A copy of the child support order is attached as Schedule 1 to the agreement. However, due to a substantial change in circumstances, the parties have agreed to modify the terms of the child support order.
The agreement consists of several sections, each addressing specific aspects of child support. Section 1 states that the Mother will pay a specified amount of child support per month to the Father, effective from a specific date. Section 2 specifies that the child support payments will be made directly to the Father on the 1st day of every month.
Section 3 states that the Mother will be responsible for all premiums and expenses related to medical and dental insurance for the child. Section 4 states that the Mother will also be responsible for reasonable expenses related to the child's schooling, including tuition, books, supplies, and transportation.
Section 5 explains that the parties have agreed to revise the amount of child support due to certain reasons, which should be specified separately. Section 6 states that the Mother will be responsible for child support payments, health insurance, and education expenses until the child reaches the age of majority.
Section 7 emphasizes that the revised child support arrangement will only become legally binding once it is approved by a court order. Section 8 clarifies that no failure or delay in exercising any right or remedy provided by law under this agreement shall impair such right or remedy. Section 9 states that any variation of this agreement must be in writing and signed by both parties.
Section 10 requires each party to do all things necessary to give full effect to this agreement, including executing any required documents. Section 11 states that this agreement is binding upon the parties and their respective legal representatives, heirs, administrators, executors, successors, and permitted assigns.
Section 12 includes a jurisdiction clause, specifying the applicable jurisdiction for any disputes arising from this agreement. Section 13 states that if any term or condition of this agreement is held to be invalid, the remaining terms and conditions shall still be enforceable. Section 14 confirms that this agreement supersedes any prior written or oral agreements between the parties.
Finally, Section 15 states that the agreement shall be executed in counterparts, with each counterpart having the same effect as the other. The agreement is signed by both parties on the specified date.
To use this Child Support Agreement effectively, follow these steps:
1. Review the entire agreement to understand its purpose and the obligations of both parties.
2. Enter the names and addresses of both parties in the designated spaces at the beginning of the agreement. This ensures that both parties are clearly identified.
3. Provide the necessary information about the minor child, including their name and date of birth. This information is crucial for establishing the child's identity.
4. Attach a copy of the existing child support order issued by the court as Schedule 1 to the agreement. This helps to establish the context for the modifications being made.
5. Specify the amount of child support that the Mother will pay to the Father per month in Section 1. Include the effective date from which this payment obligation begins.
6. Clarify that the child support payments will be made directly to the Father on the 1st day of every month, as stated in Section 2.
7. In Section 3, outline the Mother's responsibility for all premiums and expenses related to medical and dental insurance for the child.
8. Specify in Section 4 that the Mother will also be responsible for reasonable expenses related to the child's schooling, including tuition, books, supplies, and transportation.
9. Clearly state the reasons for revising the amount of child support in Section 5. Provide a separate explanation for this modification.
10. Emphasize in Section 6 that the Mother will be responsible for child support payments, health insurance, and education expenses until the child reaches the age of majority.
11. Understand that the revised child support arrangement will only become legally binding once it is approved by a court order, as stated in Section 7.
12. Remember that any failure or delay in exercising rights or remedies under this agreement will not impair such rights or remedies, as stated in Section 8.
13. Ensure that any variations or changes to this agreement are made in writing and signed by both parties, as required by Section 9.
14. Be prepared to execute any additional documents or take any necessary actions to give full effect to this agreement, as stated in Section 10.
15. Understand that this agreement is binding upon the parties and their respective legal representatives, heirs, administrators, executors, successors, and permitted assigns, as stated in Section 11.
16. Take note of the jurisdiction clause in Section 12, which specifies the applicable jurisdiction for any disputes arising from this agreement.
17. Remember that if any term or condition of this agreement is held to be invalid, the remaining terms and conditions will still be enforceable, as stated in Section 13.
18. Keep in mind that this agreement supersedes any prior written or oral agreements between the parties, as stated in Section 14.
19. Execute the agreement by signing it on the specified date, as required in Section 15. Both parties should sign in the designated sign blocks.
By following these steps, you can effectively use the Child Support Agreement to establish clear obligations and responsibilities for both parents in providing financial support for their child.