Nettleship & Nettleship

In *Nettleship & Nettleship*, the husband sought to have a Binding Child Support Agreement, entered into by the parties on 8 June 2011, set aside. The wife sought to enforce the Agreement and recover arrears of child support. The matter came before Judge Small.

The primary legal issue before the court was whether the Binding Child Support Agreement was enforceable and remained in full force and effect, or if it should be set aside as sought by the husband. Ancillary to this was the determination of any arrears of child support owed by the husband to the wife under the terms of the Agreement.

Judge Small found that the Binding Child Support Agreement was enforceable and remained in full force and effect. Consequently, the husband's application to have the Agreement set aside was dismissed. The court ordered the husband to pay specific sums representing arrears of child support, calculated according to the terms of the Agreement and covering periods of private health insurance and other expenses incurred by the wife. The husband was ordered to pay these arrears within 90 days, and the wife was directed to provide the necessary account details for these payments within seven days.