What is the test for determining child maintenance in a settlement agreement?
Ontario, Canada
The following excerpt is from Charbonneau v Charbonneau, 2015 ONSC 2181 (CanLII):
As stated in Richardson v. Richardson, 1987 CanLII 58 (SCC), [1987] 1 S.C.R. 857, 1987 CarswellOnt 315, at para. 14: “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 for the child.”
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