What is the test for determining child support under the Child Support Guidelines?
Ontario, Canada
The following excerpt is from Greco v. MacDougall, 2018 ONSC 2512 (CanLII):
It is well-established that the court is not bound by the terms of a separation agreement in exercising its jurisdiction under the Act. The court is always free to intervene and determine the appropriate level of child support, notwithstanding any agreement between the parents. Child support is the right of the child and, for this reason, a parent cannot barter away his or her child’s right to support: Richardson v. Richardson (1987), 1987 CanLII 58 (SCC), 7 R.F.L. (3d) 304 (S.C.C.)
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