Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 11-09-2021, 04:52 PM
NewDay NewDay is offline
Member
 
Join Date: Nov 2021
Posts: 38
NewDay is on a distinguished road
Default No child support on consent

I thought Child Support could not be signed away.

Here is a case from 2009 where exactly that was done.
It did involve moving a child to another country.

https://www.canlii.org/en/on/oncj/do...09oncj687.html

Can child support be waived by consent?
Reply With Quote
  #2  
Old 11-09-2021, 06:16 PM
iona6656 iona6656 is offline
Senior Member
 
Join Date: Jun 2018
Posts: 972
iona6656 is on a distinguished road
Default

My friend and her ex agreed to no CS as dad signed over his ownership in the family home to mom in lieu of CS. Also she had to prove her income to show that the children could and would be provided for adequately.
Reply With Quote
  #3  
Old 11-09-2021, 06:48 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 6,307
rockscan will become famous soon enoughrockscan will become famous soon enough
Default

In certain situations cs can be reduced or eliminated. This includes cases where a parent moves and the cost to visit is high and they agree to no cs as a part of the move.
Reply With Quote
  #4  
Old 11-10-2021, 01:51 PM
NewDay NewDay is offline
Member
 
Join Date: Nov 2021
Posts: 38
NewDay is on a distinguished road
Default

I asked the question in the thread where Tayken posted but maybe it is better here?

"Cranberry" has an issue with her ex putting the kids against her so much that they hit her and refused to see her.....

Quote:
Originally Posted by Tayken View Post
You want this to end. Make an agreement with the other parent to accept no child support. It all comes down to money. Once there is nothing to fight over (money) then often this stuff goes away.
How does money come out of the equation....there is no house transfer or distant move.

I really need this because my old lawyer had told me that child support can't be waived.

thank you.
Reply With Quote
  #5  
Old 11-11-2021, 01:15 PM
iona6656 iona6656 is offline
Senior Member
 
Join Date: Jun 2018
Posts: 972
iona6656 is on a distinguished road
Default

Can the party who is waiving the child support provide documented evidence that the kids won't suffer for waiving CS.

Also- why is CS being waived? what's the reason?
Reply With Quote
  #6  
Old 11-11-2021, 01:51 PM
StillPaying StillPaying is offline
Senior Member
 
Join Date: Jun 2018
Posts: 474
StillPaying has a little shameless behaviour in the past
Default

My guess is that it comes out of the equation only if the recipient agrees and until the recipient no longer agrees. Kids would have to be supported.
Reply With Quote
  #7  
Old 11-11-2021, 02:17 PM
NewDay NewDay is offline
Member
 
Join Date: Nov 2021
Posts: 38
NewDay is on a distinguished road
Default

Quote:
Originally Posted by iona6656 View Post
Can the party who is waiving the child support provide documented evidence that the kids won't suffer for waiving CS.

Also- why is CS being waived? what's the reason?
Money is the root of all evil.
They ex originally was OK with simply seeing the children when the parent felt like it and I was more than happy to go along with raising them without her and her dropping by when she felt like it to be the "fun parent" or "caring parent" whatever. We would have both been happy and financially better off.

Then it was probably the lawyer or some other idiot convinced her otherwise and create a toxic atmosphere instead of a amicable one.

It is possible she wants a different life and this would help them get it. I would get more of the life I want and the kids would do just as well or better. No kid wants to grow up this way.
It wouldn't be scot free, there would be some money needed to get us back on track, closer to where we were.
Reply With Quote
  #8  
Old 11-11-2021, 04:27 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,428
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Easy:

The government doesn't want to be in your life. But, to get a "divorce" if married you will need to present an agreement or order that states that CS, SS and Equalization is all settled.

Now, for most people, who are reasonable and agree that CS is not necessary or any other element...

You write up an agreement, for the purposes of getting the "divorce" filed... You basically put wording in that outlines CS and that you are both withdrawing from FRO.

File the paperwork and never exchange money... But, both parties need to agree to do this and not to have the agreements enforced.

The RISK comes into play that if either party tries to enforce the agreements for which the divorce relies upon someone may be paying CS.

It takes two very mature parents to pull this off. If one gets angry, especially the one who would be getting the CS payment, then it gets really ugly.

So.

1. Agree to an agreement that neither party will ever enforce;
2. Withdraw from FRO (both parties) so FRO can't enforce the order;
3. Be mature and respect the agreement about the agreement and not weaponize it against the other party.

Its fragile...and your situation does not sound like this would work though...
Reply With Quote
  #9  
Old 11-12-2021, 10:54 AM
NewDay NewDay is offline
Member
 
Join Date: Nov 2021
Posts: 38
NewDay is on a distinguished road
Default

Thank you!
If the government had public service announcements warning of the dangers of divorce and other good ways to do things it would good.

Like smoking, divorce shortens our lives.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Children's bennefits Wiser2008 Financial Issues 21 05-03-2019 06:21 AM
Post Secondary Education Ginger_Mallow Divorce & Family Law 39 12-11-2012 09:18 PM
Consent Morion to Change Child Support Epona Divorce & Family Law 2 04-16-2011 02:28 PM
Child Support: Guidelines vs "I Want Money!" #1StepMom Divorce & Family Law 25 12-22-2009 12:50 PM
What Were They Thinking........ FL_Needs_To_Change Divorce & Family Law 6 05-25-2007 09:47 PM


All times are GMT -4. The time now is 06:56 PM.