Whose Right Is Child Support, Generally?
Child support is generally understood in Ontario family law as belonging to the child, not to either parent personally. This is a foundational idea that shapes a lot of how support is generally treated — including why it's generally harder to simply waive than other terms parents might negotiate between themselves in a separation agreement.
Can Parents Just Agree to Waive It?
Generally, no, not in a way that's reliably enforceable. Even where both parents genuinely agree that no support will be paid, a court reviewing the matter later — for example, if the arrangement is later challenged, or if the agreement is brought before a court for another reason — can generally still look at whether the arrangement actually serves the child's interests, since the parents don't have unlimited authority to bargain away a child's entitlement.
What Courts Generally Look At
Where a waiver or reduced support arrangement is before a court, factors generally considered can include whether the arrangement genuinely reflects the child's needs, whether both parents had full financial disclosure when agreeing, and whether there's a legitimate reason for the arrangement (such as a genuinely shared parenting-time split, which can affect the table amount calculation itself, rather than support simply being waived outright).
Practical Alternatives Worth Understanding
Parents sometimes confuse "waiving support" with situations that legitimately result in little or no support being payable — for example, where both parents have similar incomes and share parenting time close to equally. See our guide to shared parenting and child support for how that calculation generally differs from a straightforward waiver.
Frequently Asked Questions
Can two parents just agree in writing that no child support will be paid?
They can write such an agreement, but it's generally not reliably enforceable against the child's interests — a court can generally still review and potentially override an arrangement that doesn't serve the child's needs.
Why can't parents waive child support the way they might waive other claims?
Because child support is generally understood as belonging to the child rather than to either parent, meaning the parents generally don't have unlimited authority to bargain it away between themselves.
Does shared parenting time mean support is waived?
Not exactly — shared parenting time can affect how the table amount is calculated, sometimes resulting in a lower amount, but that's a different mechanism from a straightforward waiver. See our guide to shared parenting and child support.
What if the paying parent simply refuses to agree to any support?
Support is generally not dependent on both parents agreeing — a parent can generally apply for a support order even without the other parent's agreement.
Can a prior agreement to waive support be challenged later?
Generally, yes, particularly if it doesn't reflect the child's actual needs or wasn't based on full financial disclosure — this is part of why such arrangements are risky to rely on.