Parties entering into a separation agreement often agree to many terms to help guide the process of the separation. A separation agreement in Ontario is considered a legally binding domestic contract that outlines and provides guidance on such issues as parenting time, child support, spousal support and property. Parties can enter into a separation agreement, with or without legal advice (although it is often recommended to have legal advice to ensure you know your rights).

Child support is an important part of the separation agreement, if there are children to be considered. The Government of Canada provides a table to assist parties with determining the amount of child support owed as child support is calculated based primarily on the income of the paying parent.

Can Parties Waive Child Support?

Depending on the living situation of the parties and their children (i.e. the child lives with both parties equal time), the parties may decide that neither will pay child support. In a recent case, Shatilla v. Sorichetti, 2025 ONSC 6339, the parties agreed neither would pay child support, however, the mother brought a motion to court five years after signing the agreement, citing a material change in circumstances (you can read about the circumstances in the case).

The significant part of this case for the purposes of this blog is what the judge had to say about child support. There were a two key paragraphs:

Paragraph 53 states: Section 56(1.1) of the Family Law Act, R.S.O. 1990, c. F.3, provides that in the determination of a matter respecting the support of a child, the court may disregard any provision of a domestic contract “where the provision is unreasonable having regard to the child support guidelines, as well as to any other provision relating to the support of the child in the contract.”

Paragraph 60 states: In coming to this conclusion, I am mindful of the four core principles that animate the obligation to pay child support identified in D.B.S. v. S.R.G, 2006 SCC 37, [2006] 2 S.C.R. 231, at para. 38:

(a)   Child support is the right of the child;

(b)   The right to support survives the breakdown of the parents’ relationship;

(c)   Child support should, as much as possible, provide children with the same standard of living they enjoyed when their parents were together; and

(d)   The specific amount of child support owed will vary based upon the income of the payor parent.

It is important to understand that while parties are free to agree to the terms of a separation agreement, when it comes to child support those terms may not be binding based on what is best for the child(ren).

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