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| Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce. |
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#1
11-09-2021, 04:52 PM
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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? 
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#2
11-09-2021, 06:16 PM
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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.
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#3
11-09-2021, 06:48 PM
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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.
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#4
11-10-2021, 01:51 PM
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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:
I really need this because my old lawyer had told me that child support can't be waived. thank you.
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#5
11-11-2021, 01:15 PM
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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?
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#6
11-11-2021, 01:51 PM
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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.
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#7
11-11-2021, 02:17 PM
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Quote:
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.
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#8
11-11-2021, 04:27 PM
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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...
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