Can a consensual agreement regarding child support be overturned by the court?
Ontario, Canada
The following excerpt is from Nichols v. Nichols, 2005 CanLII 3473 (ON SC):
The court’s power to vary consensual agreements as to child support may not be ousted by the parties’ agreement (Richardson v. Richardson (1987), 1987 CanLII 58 (SCC), 1 S.C.R. 857 at 869-70).
The children’s right is to have their parents contribute to their support according to the parents’ relative abilities to do so (Thomson v. Thomson (1988), 1988 CanLII 5215 (SK CA), 14 R.F.L. (3d) 347).
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