Child support rules in Canada: Divorce is hard enough without the added complications of child custody and child support negotiations. But, when children are involved, you cannot divorce without also entering into a custody and support agreement to ensure that your children are taken care of, regardless of your situation with your ex-spouse.
The family lawyers at GDH LLP provide an overview of child support rules in Canada to help you through this difficult time in your life.
Family courts in Canada have one main premise when considering child support and that is that “all children should continue to benefit from the financial means of both parents as if they were still together”. This means that children should not have a lower standard of living as a result of their parents’ divorce.
This further means that child support is the right of the children and one parent cannot negotiate not to pay child support even if the other parent agrees.
In other words, if you are the non-custodial parent of one or more minor children, you are responsible for paying child support to ensure your children maintain their standard of living.
The Canadian government has developed a calculation of child support based on income, the living arrangements of the children, the number of children involved and the province or territory where each parent lives. These amounts are listed in a chart known as the Child Support Guidelines Chart and are basically set in stone. With few exceptions, parents pay the amounts in this table based on their gross income.
In some cases, you may have to pay more than the amount shown in the table, particularly if the courts order the payment of childcare costs, education costs, health care or medical expenses not covered by a insurance, extracurricular activities and other expenses not taken into account. in the table calculations. The only way to pay less than the stated amount is if you ask the court for a reduction and the court grants it.
You don’t have to go to court to get a child support order. If your separation is amicable, you can write your own agreement which may include some flexibility depending on income fluctuations. The only rule you should follow when writing a private child support agreement is that both parties agree that the amount is fair and binding. Be aware that your agreement is subject to review by a court if either party later becomes dissatisfied with the agreement or if either party later files for divorce.
Couples tend to use government child support tables as a starting point for their private agreements. They then make arrangements based on specific circumstances that may require one party to pay more or less than the stated amount. For example, a couple may decide to delay the sale of their house so that their children can continue to live there. This could justify a lower payment from the non-custodial parent, as they lose their fair share of the house.
Conclusion: Child Support Rules in Canada
The important thing to keep in mind when it comes to child support is that the money benefits your children. Not paying it only hurts them, so whatever your deal is, stick to it. If you need a discount, contact a lawyer to help you take your case to court.
FAQ: Child support rules in Canada
How much does a father pay for child support in Canada?
A father pays child support in Canada based on his income and the number of children he supports. The amount of child support a father pays is set by the Federal Child Support Guidelines.
What happens if you don’t pay child support from Canada?
If you don’t pay child support in Canada, you could be subject to wage garnishment, asset seizure, or passport denial.