Child Support is parent’s obligation.

Child Support is an obligation for the children that are from a result of a broken marriage or relationship. The children should not be affected by the aftermath of the parents’ divorce. It is more important than spousal support. The calculation of child support was made easier since May 1, 1997, when the Child Support Guidelines became a law. These guidelines are mandatory and it should be followed.

Child Support in Canada

How it is calculated under the May 1 Child Support Guidelines?

It is calculated based on three things:

  1. The province the paying parent lives in.
  2. The paying parent’s gross salary.
  3. The number of children to be supported.

Each province has its own child support table outlining these amounts.

There are occasions that calculating the paying parent’s income is difficult if they are self-employed. The court will determine how much you should contribute after the deduction of certain expensed from the parent’s income.

Is it only the biological parents obliged to pay the child support?

No, sometimes the grandparents or step-parent may also be required to pay child support if they “stood in the place of the parent” to the child. However, there is also room for guidelines when it comes to the amount of support they should pay.

How long do I need to pay? You make monthly payments for the child if the child is under the age of majority and has not “withdrawn from the parental charge”. This means the child is relying on the parent that is receiving money from the other guardian. For some occasions, if the child is disabled and unable to work, you will have to continue paying child support as the government acquires you to do so.

Additionally, support is owed to the adult children over 18 who are attending post-secondary schooling.

Is there any exemption to override the table amounts?

There are very few instances where the table amounts do not apply. If, for example, the paying parent’s income is $150,000 or over per year, the court will usually use its discretion to award an amount that is suitable in the situation. The court always has the discretion to decide whether the Child Support Guidelines apply or not.

The amount I am required to pay is too high, What should I do if I can’t pay that amount?

What can I do if I feel the amount I’m required to pay is too high?

If you are unable to meet this under the guidelines, you may apply to the court to have this amount reduced under section 10. This usually is possible if the paying parent is high on debt or has an unreasonably high access costs (if the children live too far from you.)

If you are looking for a Filipino Lawyer and you want to know your rights whether as the paying parent or receiving parent, you may visit the ANGELES & DE JESUS LAW LLP

Related Reference: The Federal Child Support Guidelines: Step-by-Step