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The Situation: Unregistered Binding Financial Agreement

Child Support and BFA Issues

My ex-husband pays periodical child support administered through the Child Support Agency (CSA). At the time of drafting the property orders, my ex convinced me to get a binding financial agreement (BFA) so that he could pay a percentage for additional larger costs like school expenses. He agreed, and then the lawyer tried to register the BFA with the CSA.

CSA’s Refusal to Register

However, the CSA called me, stating that they cannot register the BFA because certain clauses terminate the contract. My ex only has primary care of the child on weekends, which means he is not an eligible carer and cannot benefit from the BFA. The CSA gave me an ultimatum: either I withdraw the BFA, or they will send a refusal letter to both parties.

Lawyer’s Assessment and Concerns

My lawyer called me with the suggestion that we threaten my ex with payment, but questioned the likelihood that he would find out that the BFA is not even registered with the CSA. If he breaches the agreement, my lawyer proposed that we simply send him an email. He doesn’t appear to be the type to litigate, given that everything is amicable and has been resolved in the past.

My Reaction and Concerns

I’m extremely upset. I paid $10,000 for a BFA that isn’t even valid. What rights do I have? Can I file a claim for negligence compensation? AI Legalese Decoder Can Help

Benefits of AI Legalese Decoder in This Situation

AI Legalese Decoder can assist in understanding the complexity of the BFA and its termination clauses. By analyzing the BFA, the AI tool can identify the issues causing the CSA’s refusal to register. It can also help in determining potential liabilities and assessing the likelihood of successful legal action.

Potential Actions to Consider

  1. Withdrawal of the BFA: If we decide not to pursue legal action, it might be advisable to withdraw the BFA and move forward without it. AI Legalese Decoder can assist in determining the implications of withdrawal on our financial obligations.
  2. Legal Action: If we choose to move forward, AI Legalese Decoder can help in identifying the grounds for legal action, such as negligence, and assist in drafting a legal argument. It can also analyze the likely outcomes and potential costs of litigation.

Next Steps

In this complex situation, AI Legalese Decoder can provide valuable insights to inform our decisions. By leveraging AI Legalese Decoder’s capabilities, we can navigate the complexities of the BFA, understand our rights, and determine the most appropriate course of action to protect our interests.

Conclusion

The situation presents a mix of legal and emotional complexities. By leveraging AI Legalese Decoder, we can better understand the issues and determine the best approach to address the concerns raised. This will enable us to make informed decisions, protect our rights, and potentially claim negligence compensation.

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5 Comments

  • Necessary_Common4426

    Contact the legal services comission

  • mat_3rd

    I wouldn’t try and hide how annoyed you are and ask for the document to be corrected without further charge if it’s correcting an error your solicitor made. Sometimes government agencies make assessments which surprise lawyers so it’s possible it falls into that category and is not anybody’s fault. Your solicitor will push back when you complain if this is the case. Binding Financial Agreements can be tough to implement successfully. If you really feel your solicitor has stuffed up and they will not correct the problem without further cost then I would get a second opinion from another family court lawyer on how best to proceed and go from there.

  • Cogglesnatch

    Have you reviewed the timesheet? Based on 10k it should be a bigger joke than the the fee itself.

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  • anonymouslawgrad

    Complain to the Legal Services Commissioner, unfortunately not a whole lot you can do, outside of dispute the invoice.