What is Child Support?

This article is a brief and general overview about Child Support. Child Support is the money that one parent pays to another in order to support their children financially after a separation or a divorce. 

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Who is eligible for Spousal Support?

When a married couple divorces, either spouse is eligible to seek Spousal Support. In each case, a judge will consider several factors in order to determine if Spousal Support should be paid. Some of these factors include: 

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• ​The financial means, needs, and circumstances of both spouses

• The role of each spouse during the marriage

• The length of time the two spouses were married

• The ongoing responsibilities for caring for any children

• Any previous orders, agreements, or arrangements regarding spousal support

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What laws apply to Child Support?​​​​

The Divorce Act is a federal law that applies to a divorced or Separated couple when they are seeking Child Support from their former spouse or former partner. 

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How is Child Support created?​

Calculating child support is a complex issue in Family Law. Most lawyers and courts typically use the Federal Child Support Guidelines, which are regulations under the Divorce Act. ​​

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Important FAQs: ​

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1. Do I have to pay both child support and spousal support at the same time? ​

In most cases, people pay both child support and spousal support at the same time. However, according to the Divorce Act, the payment of child support should be prioritized. This means that in situations where there is not enough money for a person to pay both child support and spousal support, money is directed towards paying child support. 

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2. Do both parents have to support their children financially after a separation or divorce?  ​

Yes, both parents need to financially support their children after a separation or divorce since your children have a legal right to financial support from both parents, and both parents have the legal responsibility to provide this support. A separation or divorce does not change this obligation. 

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3. Can I pay child support directly to my child rather than the other parent?  ​​

Child support is generally paid to the other parent and not to the child, unless in very rare cases, a judge orders that child support is paid directly to a child who is at or over the age of majority. 

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4. If the other parent and I decide to make our own child support arrangements, do we have to use the applicable child support guidelines?   ​

Child Support guidelines are the law for establishing child support amounts. As parents, you may both decide that another amount for child support (which can be either higher or lower) is better for you and your children. However, if you ask a judge to decide, they will use the child support guidelines in order to set the amount of child support. 

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5. If I have children with a new partner, do I still have to pay child support for children from an earlier relationship?  ​

Parents must continue to support their children financially even if they have new family responsibilities. An existing support order will remain in effect until the end date set out in the order, or until it is changed by a court. 

 

6. When can I stop paying child support? ​

You must continue to pay child support until the end date set out in your court order, or until a court changes your order. 

 

​7. What happens if I stop paying child support? ​

By law, you must comply with a child support order from a court or comply with a written agreement to pay support. The amount of support set out in the court order or agreement is the amount that you need to pay. 

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It is also important to note that child support and parenting time are separate issues and so, you cannot refuse to pay child support because the other parent will not let you see your children. 

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If you choose to withhold child support and refuse to pay child support, there are Federal and Provincial laws that help enforce support. For example, if you withhold child support, a court could order you to pay a fine or in some cases, may order you to serve time in jail if you do not pay support. 

 

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