What if my spouse and I agree on the amount of child support?
Canadian law says that child support is a child’s right, and this right cannot be altered by a parent. Legally, child support must be paid pursuant to the Federal Child Support Guidelines, and you cannot simply agree to a different amount without considering the following:
If the payor parent wishes to pay a smaller amount of child support than outlined by the Guidelines, they must show that they are supporting the child in another way. This substitution must be acceptable to the court, as well as the other parent. This could be done by paying other costs, such as school tuition.
However, if both parents agree to an alternative amount and do not complain, there will likely be few repercussions. If you are seeking a divorce, it is important to remember that the court will not grant a divorce unless both parties attest that all issues have been resolved properly – including child support. To lie about child support arrangements in this situation would be to “perjure” yourself in front of the court, which is a serious crime.