Canadian Child Support

Canadian child support is a huge part of the process when a couple divorces and they have children. Even though it can be difficult to go through a divorce, these laws are in place to ensure the children suffer as little as possible because of it. The Canadian courts will decide who gets custody of the children until they are old enough to care for themselves. The other parent will be required to pay a monthly child support payment to help cover the costs involved with properly caring for children.You will find that Canadian child support laws are quite strict. They put the best interest of the children before anything else. For those that don’t want custody of their children or that aren’t able to obtain it from the courts, the fact that you will have to pay child support is real. These laws aren’t lax by any means so don’t think you can get out of such an obligation. In order to help determine the amount of child support a table is in place with some basic guidelines.

This table allows a person to get an idea of how much child support they are likely going to have to pay for their children. There are many variables to consider though when you are looking at these tables. First, the providence in which you live is going to matter. This is because the dollar amount is based upon what it reasonably costs to live in the different areas around Canada. The amount of income a parent earns as well as the number of children they need to pay support for will all be evaluated under the Canadian child support laws.

It is also important to remember that such tables are merely guidelines and not exact amounts. A parent may be obligated by the court to pay more due to additional needs of the children. This can include education expenses or the cost of ongoing medical care. If the children are in a day care program or other form of care that is required those expenses can be part of the child support guidelines as well. It also depends on the level of custody that is shared with the other parent in some cases.

The Canadian child support laws are also written to allow a parent to pay less than the tables when necessary. There may be extenuating circumstances that make it very difficult for that dollar amount to be paid out each month. Only the courts can decide if such a reduction is going to be allowed though. Some things aren’t going to help you reduce it such as getting married to someone else and having more children. The Canadian child support laws will still hold you accountable for the financial obligations towards your other children.

There are some legitimate ways of reducing the amount of child support you owe though. For example if you have a financial hardship you are facing and it can be verified you may get to pay less for a period of time. If the children involved in the child support payments are at least 18 years of age you can also ask the court to lower the amount you pay. In some circumstances a parent can provide other means of caring for their children too that helps to reduce their financial obligation.

Under the Canadian child support laws, it is required for payments to continue until the child has completed their first post educational degree. The laws also state that any parents that are paying child support prior to May 1st of 2007 can use the amount they pay out as a deduction on their income tax filings. The parent that does receive the child support has to include such income on their filings and pay taxes on it as part of their income.

 

It isn’t allowed according to the Canadian child support laws to dictate how the funds are to be used that are paid in child support. The parent that has custody of the children and that is caring for them gets to decide this. The logic behind this part of the Canadian child support laws is that if such a parent is deemed by the courts fit enough to care for children then they should be reasonable with the decisions about how to spend the funds they get for those children as well.

While the Canadian child support laws are taken very seriously, there is also some flexibility found within them as well. This way there can be some room for changes to occur later on. For example if the income or other circumstances of the parent paying child support change the case can be re-evaluated. At that time they may have to pay more child support each month or less of it. The laws aren’t flexible though when it comes to paying it unless there is a verified reason why you can’t. Even those parents that don’t see their children have to commit to the financial obligation according to Canadian child support laws.

Such laws are in place to help offer financial support for those children of parents that weren’t married as well. The parent that doesn’t have custody will still be obligated to pay a monthly child support payment. The parent that does have custody of them needs to file a petition with the courts to get the process in place. There is no backdating of child support owed either. Therefore if you don’t apply until a child is several years old you can’t ask for child support to cover the expenses from their birth and the period of time before you petitioned the court for child support.

The income of a new spouse isn’t taken into consideration when child support is calculated though. This is because under the Canadian child support laws the new spouse isn’t legally obligated to care for the children involved in someone else’s previous marriage. All of these laws have been carefully structured to offer children the very best chances of having their needs continually met in spite of their parents divorcing.