Paying Child Support in Canada: What Should You Know?

The law mandates parents to extend financial support to their children. This principle applies even if the former doesn’t get to see and take care of the kids. Parents should understand that they’re responsible for their kids, with or without a legal basis. This idea is especially true if their kids are minors and they’re going through a divorce. 

When going through a separation, it’s common for one of the parents to offer money to the other parent. This offering is called child support. The parent owing child support can’t refuse this obligation because they dislike the other parent. They also can’t argue that they disapprove of the other parent’s use of the money. Suppose the kids spend equal time with their mother and father. In that case, the parent with a higher income must offer child support.

What is child support?

The parents should provide financial support to their kids. This concept is true regardless of whether they cohabited or not, or if they ever lived with the child. 

The law defines child support as the money paid by a parent to another after a divorce or separation. The purpose of this is to provide financial assistance for their children.

Are both parents legally bound to offer financial support to their kids after they separate?

Before separating, parents already have this obligation toward their kids. Divorce or legal separation doesn’t change this fact. Judges can even refuse to issue a divorce decree if they find the arrangements for continuous child support reasonable. 

How do you calculate child support?

The Canadian Federal Child Support Guidelines are the basis for calculating child support. These guidelines are either under the Divorce Act or part of the territorial and provincial laws. You need to know which applies depending on the situation. 

For example, the Federal Guidelines apply to divorce cases, except when both parents reside in the same province. Quebec, Manitoba, and New Brunswick are provinces that use their guidelines in cases involving divorcing spouses living in the same region. 

On the other hand, territorial or provincial guidelines apply to cases where the parents involved were never married. It also applies in cases where married spouses separate but don’t end up getting divorced. 

How are the Federal Guidelines different from the territorial guidelines?

Territorial guidelines have a set of rules that are similar to Federal Guidelines. The only exception is Quebec, which uses its child support model. These rules may vary slightly in some jurisdictions. However, except for Quebec, all these territories adhere to the same federal tables. This fact explains why the basic amounts are almost the same. 

Can parents decide on an arrangement without adhering to the Federal Guidelines?

Both parents can agree on their child support model. However, they must ensure the amount they decide is best for their children and the receiving spouse. If you leave the decision to a judge, they will most likely adhere to the guidelines. The only exception is when there are special provisions they can add that will be more beneficial to the child. 

Suppose a parent transfers interest to the other parent without compensation. In that case, the child will indirectly benefit. Parents can consider this special provision when planning the amount of child support. 

When will the parent stop paying child support? 

A parent can stop paying child support without a written agreement or child support order. Either of these documents may indicate when a parent has to stop paying child support. Some agreement or support order suggests that a parent may stop extending financial aid once the child reaches a specific age. 

If the child support order doesn’t indicate this fact, the parent will only stop paying when the court changes the order. The other parent may also alter the agreement, and the new deal will be in effect. 

Suppose parents have kids with their new partners. In this case, they will still have to pay child support despite having new responsibilities. 

The Federal Guidelines allow the court to order a different child support amount if they make a successful claim for undue hardship. Undue hardship may be caused by circumstances such as the responsibility to support children from a new relationship. Determining whether a parent or child is experiencing undue hardship involves two steps.

The first step involves proving that paying the required child support would be highly challenging given the parent’s circumstances. The second step is to compare the standard of living in both households. This step determines whether the parent requesting the change in child support has a lower standard of living than the other parent.

Can a parent pay child support directly to their children?

Generally, child support is paid to the other parent, never to the child. However, the judge may allow the kids to receive child support directly in some exceptional circumstances. This exception is applicable in cases where the children are no longer minors. Furthermore, judges may also look into the family’s circumstances before deciding whether or not direct payments are in order. 

Image by alexandermils on Unsplash

What happens if the owing parent refuses to pay child support?

There are different tools under federal, territorial, and provincial laws to enforce support payments. Some scenarios explain what would happen if a parent refuses to pay child support. Here are a few of them. 

Seizure of federal payments 

If you have pending government payments and refuse to pay child support, the authorities can seize them. The Family Orders and Agreements Enforcement Assistance Act (FOAEAA) grants the government the right to hold payments to satisfy support debt. Examples of these are employment insurance benefits and income tax refunds.

Suppose you work as a federal government employee or contractor; the Garnishment, Attachment, and Pension Diversion Act (GAPDA) gives the government the right to seize some or all of your income. The money will pay off any judgment debt, including family support.

The GAPDA allows the government to take a portion of certain federal pension benefits you receive. However, this is only to satisfy family support payments. These benefits can’t pay off any other debts.

Suspension of federal licenses or passport 

The FOAEAA supports a Maintenance Enforcement Program to request the suspension or denial of a Canadian passport. This body can also petition for the cancellation of specific federal aviation and maritime licenses. If you’re a holder of a Canadian passport or one of these licenses, the government can suspend them upon request under the Maintenance Enforcement Program. However, you can only make this request if:

• The holder failed to make three or more payments
• The holder is overdue in payments by $3,000 or more

If the body suspends your federal license or passport, you must return it as directed on the notice you will receive. Failure to comply will result in the passport becoming invalid. After this, Passport Canada may notify law enforcement agencies of your failure to comply with a valid order. In such cases, you may pay a fine of up to $5,000. You may also go to jail for up to six months. In some cases, you may also suffer both consequences. 

Avoid Legal Issues by Knowing and Fulfilling Your Obligations

Parents bring their kids into this world, but this is not the end of their responsibilities. Kids should be thankful for this, but it doesn’t mean they should fend for themselves. The adults must provide financial support until these kids reach the age of majority. 

This principle applies even more when the parents decide to divorce or separate. The support may not heal the pain from the parents’ failed relationship, but it could help pay child-rearing expenses. Consult a law firm for child support if you need help or assistance.