[see Child Support (Assessment) Act 1989 (Cth) s 136]

It is clear from this section that parties should provide full and frank disclosure of their financial positions at the time of negotiating an agreement. It is also important that neither party, nor someone acting on their behalf, use any undue pressure or coercion to secure the agreement of the other party, because this can provide the grounds to have an agreement set aside.

In addition, parents should be aware that it is very difficult to set aside a Binding Child Support Agreement by showing ‘exceptional circumstances that would cause hardship’. There have been several cases where this test has been very difficult to make out. Changes in income, the birth of new children, even changes in care arrangements of the children are not always sufficient to satisfy a court that there are ‘exceptional circumstances’.