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148 (1) An agreement respecting child support is binding only if the agreement is made

  • (a) after separation, or
  • (b) when the parties are about to separate, for the purpose of being effective on separation.
  • (2) A written agreement respecting child support that is filed in the court is enforceable under this Act and the Family Maintenance Enforcement Act as if it were an order of the court.
  • (3) On application by a party, the court may set aside or replace with an order made under this Division all or part of an agreement respecting child support if the court would make a different order on consideration of the matters set out in section 150.

2011-25-148, effective March 18, 2013 (B.C. Reg. 131/2012).


“Maintenance Order” under Family Maintenance Enforcement Act

See s. 1(2) of the Family Maintenance Enforcement Act, which provides that:

  • 1 (2) For the purpose of this Act, the following are deemed to be maintenance orders made by the Provincial Court:
  • (a) an agreement that, under section 148 or 163 of the Family Law Act, is enforceable under this Act and contains a provision respecting maintenance,