Where the agreement no longer affects a child, the formula amount remains applicable to each of the remaining children under the agreement (CSA Act Section 86A (3)). We have understood and we agree with the terms of this date agreement. Under a written separation agreement, John must pay $600 a month to his former wife, Karen, in compensation for his assistance. Under the agreement, John must also pay $500 a month directly to Karen`s landlord for the rental of his apartment. As of April 2010, Jacques had to pay a monthly assistance of $1,800. This meant $800 for the help of her former spouse and $1,000 to help their children. Jacques paid $1,800 per month from April to September for a total of $10,800. For the months of October to December, Jacques paid only the $800 per month that is willing to help the spouses for a total of $2400. By the end of the year, Jacques had provided a total of $13,200 in assistance, but he was behind $3,000 for family allowances. 3.32 If an amount of assistance is payable under a court decision and circumstances such as a child`s stay have changed, the payer and beneficiary may modify or terminate the court-ordered assistance obligations by a written agreement.
However, as has been repeated in Foreman/The Queen, 2012 TCC 36, 2012 DTC 1079, a court decision is legally binding until it is amended by a competent court. 3.18 Under the formula in paragraph 60, point b), where a payer and beneficiary participate in a court order or written agreement with a day of departure, the amounts of assistance paid by the payer to the recipient in a tax year must first be considered family allowances that meet on or after the start date, for periods that have begun on or after that date. The balance paid during the year is then deemed to be the amount of family allowances to be paid for previous periods or for the assistance of the beneficiary. In other words, family allowances to be paid for periods on the date or after the start of an order or agreement and before the end of the current year, which began on or after the start of the current year, must be paid in full before the end of the current year before the payer is deducted from the support amounts paid for the current year for: 3.27 A payer and a beneficiary are involved in a court decision or written agreement before May 1997 and, after April 1997, they enter into an order or subsequent agreement with the result that the total family allowance that the payer must pay to the beneficiary be changed , the beginning of the initial decision or initial agreement is the same as that of the first episode or agreement (see point 3.24 c).