❌ Can Parents Contract Out of Child Support in Canada? (Short Answer: Not Really)

At OneLegal Professional Corporation, one of the most common questions we hear is:

“If we both agree, can we waive child support?”

It’s a fair question, and an important one. Separation agreements and domestic contracts offer flexibility, but child support plays by different rules.

Let’s break it down in plain English.

👶 Child Support Is Not the Parents’ Right - It’s the Child’s Right

Under Canadian family law, child support belongs to the child, not the parents. That means parents cannot bargain it away, waive it, or trade it for something else in a separation agreement.

Even if both parents sign a contract saying:

• “No child support will be paid,” or

• “We agree to less than the Guidelines amount,”

👉 The court can still step in and override that agreement.

Why? Because the law prioritizes the best interests of the child, not the convenience or preferences of the parents.

⚖️ What the Law Actually Says

📜 Family Law Act (Ontario)

Section 56(1) of the Family Law Act gives courts the power to disregard any child support provision in a domestic contract if it is unreasonable in light of the Child Support Guidelines.

In other words:

• You can agree to something different,

• But the court gets the final say.

📘 Divorce Act (Federal Law)

The Divorce Act allows flexibility—but with guardrails:

✔ Parents may deviate from the Federal Child Support Guidelines
✔ The court must be satisfied that reasonable arrangements are in place
✔ Different does not automatically mean unreasonable
❌ But inadequate support will not survive judicial scrutiny

Even where both parents consent, the court must still confirm that the child’s needs are being properly met.

🧾 So… When Can Parents Deviate from the Guidelines?

Parents may agree to child support arrangements that differ from the Guidelines only if:

• The arrangement is reasonable

• The child’s financial needs are fully met

• The agreement reflects full and honest financial disclosure

• The result is consistent with the child’s best interests

Common examples include:

• Alternative expense-sharing arrangements

• Support paid through non-traditional structures

• Temporary deviations with built-in review clauses

But make no mistake...“We both agreed” is not enough on its own.

🚨 Courts Can (and Do) Set Aside Bad Agreements

Courts retain broad authority to:

• Vary child support

• Override separation agreements

• Recalculate support retroactively

This often happens where:

• Income was not properly disclosed

• A parent reduced support without notice

• The child’s needs increased

• The agreement no longer reflects reality

As the courts have repeatedly confirmed, child support is an ongoing obligation, not a one-time negotiation.

📣 Changing Child Support? Notice Is Not Optional

If there is already a court order or binding agreement in place, a parent cannot unilaterally change child support.

Fairness requires:

• Proper notice

• Updated financial disclosure

• Court approval or a formal amendment

Failing to do so can expose a payor to arrears, penalties, and credibility issues (see Howe v. Demederos, 2011).

🧠 The Bottom Line

✔ Parents cannot contract out of child support if the result is unfair or contrary to the child’s best interests
✔ Deviations from the Guidelines are allowed-but closely scrutinized
✔ Courts always retain authority to step in
✔ Child support is non-negotiable in principle, even if flexible in structure

If an agreement doesn’t meet legal standards, it won’t hold up; no matter how carefully it’s drafted.

📞 Need Help Structuring Child Support the Right Way?

At OneLegal Professional Corporation, we help parents:

• Draft enforceable separation agreements

• Structure child support creatively but legally

• Avoid costly court challenges down the road

• Ensure agreements actually stand the test of time

If you’re negotiating child support or worried your agreement won’t hold up...let’s talk before it becomes a problem.

👉 Contact OneLegal Professional Corporation today
📧 info@onelegal.ca
📍 Serving families across Ontario with clarity, strategy, and care