Child Support Laws

The laws in Canada show a great deal of compassion and concern for children when their parents separate from each other. These laws are designed to ensure the children aren’t suffering due to the decisions of their parents. They also realize the very important role that parents have in the lives of any child. Therefore in the eyes of Canadian law, every child has the right to stay with both the mother and the father

regardless of their decision not to stay with each other. Unfortunately divorce has become a common entity in society. The choice is there for couples to divorce, but the goal should be to do so with the least amount of harm to the children involved. This is why Canada has so many child support guidelines in place as well as child custody laws. They don’t want a child to be without the parental support or financial support necessary. These laws are taken very seriously in the courts all over Canada.

According to these laws, the responsibility for nurturing children is one that both of the parents should be active in. The fact that the couple has separated or is divorced doesn’t change that simple fact. The laws also state that both parents should be equally responsible for the financial needs of the children involved. Every effort is made to offer a decision for joint Canaidan Child Custody under the laws in Canada. However, even if one of the parents is awarded sole custody the other is still financially responsible for the needs of those children.

Any child support that is ordered has to be paid to the other parent on behalf of the children. The laws are very strict regarding this so those required by law to pay it must do so until the child reaches the age of majority or is meeting its own needs. This means that child support shall be paid for any minor child unless the marry. If the child decides to attend college full time then the parents need to pay for it as well if it is determined that the child can’t reasonably afford the cost on their own.

 

Initially, under the child support laws in Canada, a child that reached the age of 16 may not be provided with child support. That has been changed to now state any child that has reached the age of 18 in some providences and 19 years of age in others. There are many exceptions to these guidelines though. For example a child that has graduated from college but can’t support himself or herself financially due to health problems or other issues may still be eligible to continue receiving child support payments.

Along with the child support laws in place in Canada there are guidelines that determine the dollar amount that will be paid to the other parent on behalf of the children involved. Many aspects of the situation are taken into consideration. They include the income of each parent, the custody arrangements, the financial obligations for the children involved such as medical and education expenses, and other variables.

If there is joint custody then a partial child support payment may be necessary. When there is sole custody though the parent that doesn’t have custody will be obligated to make a full payment on a monthly basis. If there are conflicts regarding payments then the case may have to be evaluated again in a Canadian court of law. While the guidelines are in place to help make the monetary determinations, the courts will have the final say if there are disputes that simply can’t be resolved. This way the courts can be sure the children involved are going to be financially cared for like they should.

If a parent that is legally obligated to pay the child support is struggling to do so the courts will take that into consideration as well. They may agree to let them pay a lower amount for a specific period of time. On the other hand the court may require that parent to live on less income in order to ensure the children’s needs are continually met. All of this has to be reviewed on a case by case basis.

The laws are in place though to favor the children and not the parents. The courts may have some flexibility but they are only going to use it when they can still keep the well being of the children secured. Sometimes parents in Canada will work less than they can in an effort to not be able to pay as much child support. If that can be presented to the courts they will still require more child support to be paid out each month.

However, if the parent is unable to work more due to health problems or limited skills then they will work out other arrangements. They may agree to authorize a lower amount of child support to be paid out. The courts do understand there are extenuating circumstances at times and want to see each parent do all they can though to financially support their children.