Is it possible for a father to make an agreement reducing child support with the mother after the family court has passed judgment about his maintenance obligation?By: דיאנה שאלתיאל•Published on: 16 May, 2022
Firstly, the concept of parents agreeing about child maintenance made after a court has passed judgment on how much the father should pay is problematic. Clearly, child maintenance is designed to cover the minor’s ongoing needs. Any agreement altering what the court decided should receive prior authorisation by the court. It needs authorisation according to the Legal Capacity & Guardianship Act of 1962 as in principle an agreement reducing child maintenance is contrary to the ‘child’s good’ – the latter being the guiding force of this legislation. It also needs authorisation according to the Family Law Amendment (Maintenance) Act of 1959.