Whether parents live together or separately, their children are entitled to financial support. This remains a legal obligation after separation.
By using the Federal Child Support Guidelines, parents can determine the amount of child support. If reaching a mutual decision is difficult, they may seek the help of a mediator to assist in resolving the matter.
This blog aims to explore the federal child support guidelines, their goals, and child support calculations. Read up to the end to find the answers to your questions.
What Are Child Support Guidelines?
The child support guidelines refer to a set of rules created by provincial and federal governments providing instructions for establishing the amount of child support for legal goals.
When a parent is required to pay child support to another, the applicable guidelines serve as a framework to determine the correct amount payable.
Depending on your child support case, either the Canadian federal child support guideline or provincial child support guidelines will be applied.
The child support guidelines apply to separated parents, whether they were married or in a common-law relationship.
The Goals of Child Support Guidelines
The child support guidelines will require both parents to continue to divide the cost of their children based on their income as if they were not separated.
This means that the child support obligations need to be undertaken by both parents and not just the one having decision-making responsibilities or looking after the child.
The child support guidelines are typically arranged in such a way that in proportion to the paying parent’s income and the number of children needing child support, the child support guideline tables will determine a specific amount to pay.
Child Support Calculations
In general, a parent or guardian is required to make child support payments to the parent or guardian who holds primary responsibility for the child’s expenses. Step-parents may also be responsible for child support if they provided financial support for the child for at least one year, and a claim is filed with the court within one year of their last contribution.
The amount payable is determined by the payer’s income, following the Federal Child Support Guidelines, which use tables based on both the payer’s earnings and the number of children.
Who Gets Child Support Payments?
Child support payments must be made to the recipient parent (the custodial parent), not directly to the child. Sometimes, if a child is on the threshold of adulthood and is pursuing post-secondary education, courts can order support payments made directly to the child, but typically support goes to the other parent.
The payer parent cannot determine how the support money is spent. It is the legal right of the custodial parent or parent with primary parenting time to decide how to make use of that income in the child’s best interests.
Understanding Child Support Guidelines and Legal Implications
There are both federal and provincial guidelines. The situation of the family specifies which guidelines to apply for the calculations. Federal guidelines are utilized when parents are legally married and are trying to divorce. In contrast, provincial guidelines are utilized when parents are not legally married and decide to live apart.
However, because family law is complicated, there might be details to a situation that leads to a different outcome. It is usually helpful for people to ask for guidance from a lawyer, who can help ensure that the agreed amount is fair and will be accepted by the courts.
In some cases, parents may agree on a child support amount that differs from the guidelines. Here, the guidelines establish a baseline for the amount. The court is likely to grant the divorce should the agreed child support amount exceed the guidelines.
However, If the amount is below the level determined by the guidelines, the court must assess whether there are special provisions in the situation that justify the lower payment.
Duration and Direct Payment of Child Support: Legal Considerations
Child support might cease when the child turns 18. In some cases, child support continues over 18. These circumstances might be due to schooling or special requirements. Some parents decide that support will continue over 18. While in other circumstances, it may be a court order.
Some parents prefer to pay child support directly to the child rather than to the other parent. However, in most cases, support is paid to the other parent.
Although uncommon, the court can allow for direct payment to a child who is of legal age. For more information, to understand if direct payments are an option, we suggest parents seek legal advice from Solutions Family Law Group’s family law lawyers.
If a parent has a child with a new partner, their financial obligation to their previous children remains unchanged. Support payments do not stop until the children turn 18, or as long as the agreement or court order is in force.
In some situations, there might be a claim for undue hardship, which may apply if it is very hard for a parent to pay the determined amount. It is better for parents considering making a claim of undue hardship to consult our lawyers to learn if their situation legally meets their needs.
Is Child Support Mandatory in Canada?
Yes, child support is mandatory in Canada, and both parents have a legal responsibility to provide this support. A separation or divorce does not influence this obligation.
Conclusion
The Federal Child Support Guidelines offer various methods for the court to adjust the determined child support amount based on individual circumstances. The court may also consider a written agreement between parents regarding a spouse’s income in line with the guidelines.
More complex cases may involve factors such as self-employment, special or extraordinary expenses, undue hardship, or the parent’s standard of living.If you have any questions regarding child support in Canada, feel free to book a consultation at https://zukermanlaw.ca.
FAQs
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1- What happens if you don’t pay child support in Canada?
If you fail to pay child support, provincial or territorial authorities may take enforcement actions. For example, a court could order you to pay fines and cover the legal costs associated with enforcing the support order or agreement. In severe cases, the court may even sentence you to jail for non-payment.
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2- How long are you legally obliged to pay child support in Canada?
The responsibility to pay child support generally does not stop until the child reaches the age of 18 years old.
