Can parents agree to no child support in British Columbia?
This answer covers the law of British Columbia.
No. A parent cannot make an agreement saying the other parent does not have to pay child support, because support is the child's legal right. Each parent and guardian has a duty to support the child, so a waiver cannot simply remove that duty.
An agreement about support is binding only if it was made after separation or when the parties are about to separate, and on application a court may set aside or replace all or part of it with an order if it would order something different applying the section 150 factors. A court can depart from the guideline amount where the parties consent or have an agreement and reasonable arrangements exist for the child's support, and arrangements are not unreasonable merely because they differ from the guideline amount. Other financial arrangements or property division benefiting the child can also justify departure, and the court must give reasons.
A written agreement filed in court is enforceable as if it were a court order. Agreements are best treated as a way to set a reasonable amount, not to avoid support. A lawyer can review whether your particular arrangement is likely to hold up.
Key takeaways
- A parent cannot make an agreement saying the other parent does not have to pay child support, because support is the child's legal right.
- A support agreement is binding only if made after separation or when the parties are about to separate.
- A court may set aside or replace all or part of an agreement with an order if it would order something different applying the section 150 factors.
- A written agreement filed in court is enforceable as if it were a court order.