Commonly Asked Questions Series: Can you relinquish your parental rights to avoid child support?

In this blog post we are answering a common question: Can I relinquish my parental rights to avoid child support?

The quick answer to this is no, not really.

There are some cases that exist where the parties have agreed that one person will not go after the other for child support and in return the person who was to pay child support will not have an active role in the child’s life. However, these situations are not legally enforceable.

In Canada, the law requires parents to provide financial support for their children. This is not a right between mother and father, but rather the right of a child. Parents do not possess the legal authority to give up child support on behalf of the child. Because it is the right of a child, child support will continue to be an ongoing obligation on a parent, regardless of whether the payor parent also has parenting time.

While certain parents may agree to not pay child support, as set out in the situation described above, this is a risky agreement. Such an agreement would go against the legislation and other law applicable in Canada. It is highly unlikely l that a court would actually uphold such an agreement. The payor parent who gives up their parenting rights, may find themselves in a situation in the future, where they are being ordered to pay backpay child support or ongoing child support. This may be the case even if they do not have parenting time.

What is also important to note, is that where a parent has been absent in a child’s life for a long period of time, the court may not ever order that person to be re-integrated back into the child’s life. So it could be the case that a payor parent is ordered to pay child support, but may never resume a position as being a figure in the child’s life.

Child support can be a complicated issue. If you have questions or concerns about your obligation to pay child support, or your entitlement to receive child support on behalf of your children, we recommend that you set up a free consult. You can start the consultation process by filling out the form here.