Legal Question in Family Law in Canada

separation agreement

Is it legal for a wife to wave all the future child support from a husband in exchange for transferring the house to her name? How should it be stated in Separation Agreement?


Asked on 6/04/09, 6:36 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: separation agreement

No it is not. In British Columbia child support is a right of the child, NOT the custodial parent. It can not be waived or traded off for a benefit to the spouse.Such a provision in the separation agreement is void, and child support can still be sought. A Court is very unlikely to award a divorce without a child support order and the child or a person acting on the child's behalf can seek an order for child support in the future.

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Answered on 6/04/09, 9:36 pm


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