Originally posted by billm
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The only way it remains enforcible is if they never step foot in court AND the child, when they become old enough to cause an action or finds out they were entitled to the monies, doesn't come back and sue the parents for monies they were otherwise entitled to.....which has happened.
CanLII - 2000 BCSC 1252 (CanLII)
any agreement between the parents waiving child support cannot be enforced. In my view, the combined effect of these authorities leads to the conclusion that while parents cannot make an enforceable agreement to reduce or ignore child support obligations established by court order
13 In addition, counsel on his behalf raised the parties' alleged agreement as an explanation for Mr. Cherry's failure to apply earlier to vary or reduce the arrears.
14 With respect to the argument on the so-called agreement between the parties, as already indicated the right to support is the child's. It is a right which neither the child nor the custodial parent can waive. It is clear from the conflicting affidavits filed on this application that relations between the parents were acrimonious not only before the divorce but after, that the mother may have frustrated access to the father from time to time and that she may not always have been diligent in pursuing Mr. Cherry for child support. I do not think the material filed supports Mr. Cherry's allegation of an agreement, and even if it could it is not an agreement that can be relied upon or enforced because it purports to deny the children the right to support from their father. The result of the unhappy relations between the parents has been that the mother, with the assistance of her new spouse, has been required to bear virtually the whole economic burden of raising these children, when a proportionate share of that expense should have been borne by the father.
14 With respect to the argument on the so-called agreement between the parties, as already indicated the right to support is the child's. It is a right which neither the child nor the custodial parent can waive. It is clear from the conflicting affidavits filed on this application that relations between the parents were acrimonious not only before the divorce but after, that the mother may have frustrated access to the father from time to time and that she may not always have been diligent in pursuing Mr. Cherry for child support. I do not think the material filed supports Mr. Cherry's allegation of an agreement, and even if it could it is not an agreement that can be relied upon or enforced because it purports to deny the children the right to support from their father. The result of the unhappy relations between the parents has been that the mother, with the assistance of her new spouse, has been required to bear virtually the whole economic burden of raising these children, when a proportionate share of that expense should have been borne by the father.
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