Can Separated/Divorced Parents Agree the Child Support Guidelines are Wrong?


The Child Support Guidelines set how much money has to be paid between separated or divorced parents to help with the costs of raising the children. The exact support figures required by the Child Support Guidelines can come as surprise to some parents.  Others don’t like the strict rules for how child support is paid, or that there is no restriction on how a parent can use child support money.  After separating some parents want child support to work differently than set out by the Guidelines.


The reality is that the Child Support Guidelines are mandatory in most cases. Section 11(1)(b) of the Divorce Act, even prohibits judges from granting a divorce until child support is being paid that reflects the Child Support Guidelines. Getting around the Child Support Guidelines is very difficult as courts may ignore any agreement that is not in accordance with the Guidelines.  This can even create dangerous situations that backfire, such as when a spouse can be ordered to pay child support twice after making a lump sum child support payment


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11 - Child Support's Special and Extraordinary Expenses

24 - How to Have a Valid and Enforceable Separation Agreement

In this informative video, Certified Specialist in Family Law, and expert on child support, divorce lawyer John Schuman, explains the situations where parents can make agreements for child support that are different from the Child Support Guidelines.  He explains what child support agreements have to say to be enforced by Family Court Judges.  He goes over the dangers of  making agreements for child support that are different from the Child Support Guidelines - especially the dangers inherent with lump sum child support, waiving financial disclosure or doing things differently after a child turns 18.  John then explains what parents have to do to have a court-enforceable separation agreement that does child support differently than in the Guidelines. Any parent who wants to set child support differently from the way the Child Support Guidelines say child support should work, must watch this video.


Guide to the Basics of Ontario Family Law Best Seller
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If you need more information about child support, child custody or just about any other family law matter, get John’s best selling, easy-to-understand book on the Basics of Ontario Family Lawwhich has sections that fully explain marriage contracts and co-habitation agreements and an extensive explanation of what will happen if you do not have one of these contracts for your relationship.  The book is not only available as paperback, but also as a $9.99 e-book for KindleKobo, or iPad/iPhone/Mac.  

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Obviously, there can be a lot of money involved in child support cases  and only could really help a child with his or her needs (or not).  You need to get the help of a lawyer immediately to avoid financial hardship.  Contact Certified Specialist in Family Law (and author of the book above), John Schuman, by emailing him, calling 416-446-5847, or using the contact form below.  We answer all inquiries promptly and we can arrange for you to come in quickly for a consultation (charged at a reduced hourly rate).


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