In what circumstances can a spouse barter away his or her right to child maintenance in a settlement agreement?
Ontario, Canada
The following excerpt is from H v. A, 1990 CanLII 8094 (ON SC):
In Richardson v. Richardson (1987), 1987 CanLII 58 (SCC), 38 D.L.R. (4th) 699 at p. 707, [1987] 1 S.C.R. 857, 7 R.F.L. (3d) 304, Wilson J. stated: Child maintenance, like access, is the right of the child: ... For this reason, a spouse cannot barter away his or her child's right to support in a settlement agreement. The court is always free to intervene and determine the appropriate level of support ...
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