Can Parents Agree to No Child Support in Ontario?

When parents separate on good terms, one of them may say they do not need support, or both may agree to skip it. It can feel like a private decision. In law, child support is treated as the child's entitlement, not just the parents' bargain.

This article explains how the rules generally work in Ontario. Details can vary with whether you are married, so a lawyer can confirm how they apply to you.

Why parents cannot simply contract out

The Federal Child Support Guidelines aim to set a fair standard of support for children and to reduce conflict between spouses. Under the Divorce Act, parents cannot simply contract out of support. The court must be satisfied that reasonable arrangements have been made for the child's support.

The Divorce Act applies to married spouses who are divorcing. Unmarried parents, and married parents not seeking a divorce, are covered by Ontario's own family legislation. How that legislation treats a waiver is something a lawyer can confirm for your situation.

What the starting point looks like

The basic amount of child support is the table amount for the number of children under the age of majority, plus any special or extraordinary expenses under section 7. The table amount depends on the paying parent's annual income, the number of children and the province where the paying parent lives.

For one child under Ontario's 2025 table, the monthly amount at the start of each band is $450 at a payor income of $50,000, $695 at $75,000 and $932 at $100,000. Under the federal tables, no child support is payable by a payor whose annual income is below $12,000. So in some cases the table amount is low or nil, which is different from the parents agreeing to waive it.

When a court may accept a different amount

The law allows some departures from the table amount. They are not the same as a waiver.

• Consent orders: with both spouses' consent, a court may award a different amount if it is satisfied that reasonable arrangements have been made for the child's support.
• Special provisions: a court may depart from the Guidelines amount if an order, judgment or agreement contains special provisions that benefit the child and the Guidelines amount would be inequitable because of them. The court must record its reasons.
• Shared parenting: where each spouse has at least 40% of parenting time, the court looks at both spouses' table amounts, the increased costs of shared parenting and each spouse's circumstances. There is no automatic formula.
• Undue hardship: a court may order a different amount if a spouse would otherwise suffer undue hardship, though the claim must be denied if that spouse's household would have a higher standard of living than the other's.

In each case, what matters is the child's support and the court's approval, not simply the parents' preference.

Other points to consider

How an agreement to waive support would be treated later depends on the facts, so it is worth confirming with a lawyer. A change of circumstances can allow either former spouse to apply to vary, rescind or suspend a support order. Also, special expenses such as child care or extraordinary extracurricular costs may be sought on top of the table amount. A waiver may therefore leave gaps you did not plan for.

Adult children can be covered too. A child of the marriage includes an adult child who cannot become independent because of illness, disability or another cause.

What to do next

• Find out what the table amount would be for your income and number of children.
• If you want a different amount, write down why it benefits the child.
• Get independent legal advice on any agreement before you sign.
• Put the agreement in writing. A written agreement can be filed with the court with a Form 26B affidavit, and a copy sent to FRO, for FRO to enforce it.
• Consider whether a consent order is the better route.
• Expect to share income documents, including three years of tax returns, if support is in issue.

Frequently asked questions