It comes as a surprise to some separated parents that they cannot negotiate a child support figure. If they file divorce papers that set out a child support amount less that the Child Support Guidelines suggest, the Judge will not sign the divorce. A Separation Agreement setting out an inadequate child support amount is not normally legally enforceable. The parent entitled to received support can have that part of the Agreement set aside.
Why?
Basically, the legal principle is that child support is not a parent's money with which to negotiate. It's a child's right to financial support. A legally informed, clear-thinking adult can waive their own entitlement to spousal support or a division of assets. But they cannot refuse money meant to improve a child's life.
And no, the money doesn't have to be spent directly on the child. Cash used for the custodial parent's hydro bill, car payment or entertainment budget does financially benefit the child by improving their general lifestyle.
There are some times that a Judge will sign divorce papers with a lower child support amount than the Guidelines would suggest (or even no child support). For example, maybe the payor mom is paying the expenses on the house where dad and the children live. Or the payor dad has gifted mom his share of the house so she doesn't have to get a mortgage. If the payor is giving the children financial benefit indirectly, a Judge may find that to be reasonable.
Why?
Basically, the legal principle is that child support is not a parent's money with which to negotiate. It's a child's right to financial support. A legally informed, clear-thinking adult can waive their own entitlement to spousal support or a division of assets. But they cannot refuse money meant to improve a child's life.
And no, the money doesn't have to be spent directly on the child. Cash used for the custodial parent's hydro bill, car payment or entertainment budget does financially benefit the child by improving their general lifestyle.
There are some times that a Judge will sign divorce papers with a lower child support amount than the Guidelines would suggest (or even no child support). For example, maybe the payor mom is paying the expenses on the house where dad and the children live. Or the payor dad has gifted mom his share of the house so she doesn't have to get a mortgage. If the payor is giving the children financial benefit indirectly, a Judge may find that to be reasonable.
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