Child support or child maintenance is legally understood as the right of the child and cannot be \u201cbargained away.\u201d<\/p>\n
Therefore, both parents are legally responsible for supporting their children. Each parent should pay according to their ability, and depending on how the child\u2019s time is divided between the parents. The Federal Child Support Guidelines play a key role in calculating child maintenance. Sometimes a step-parent may be obliged to pay support, if they took on a parental role.
\nIf the parties cannot agree on child maintenance (often because they disagree on the parenting schedule), the court will make a determination of child support.<\/p>\n
For instance, the court takes into account that if the children are primarily living with one parent, that parent is already contributing to the children\u2019s support. The other parent is likely the one to make child support payments \u2014 which could be either the father or the mother, depending on the situation. If the parents share the child\u2019s time equally, a set-off calculation will be necessary producing a \u2018net\u2019 payment from the higher income earner.<\/p>\n
Some factors that guide the court in calculating a payment amount include the parent\u2019s salary, bonuses, and other sources of income. Adjustments are also made based on tax obligations, job expenses, health insurance, and any qualifying hardships. There are special considerations and much more complex calculations to be made where business income is involved. Ultimately, how much support a parent should pay is largely determined by the Federal Child Support Guidelines.<\/p>\n
A parent can be required to pay child support even if they don\u2019t have an income, because the courts assess the obligation to pay based on the person\u2019s ability to earn income.<\/p>\n
Child support money is typically intended to cover the child\u2019s basic needs, such as food, clothing and shelter. As such, the recipient parent can use the money to help with general living expenses like mortgage or rent payments, car maintenance, and similar expenses. Other costs such as child care expenses, sports equipment, or registration costs for extra-curriculars, and medical expenses exceeding available insurance (e.g. dental and orthodontic costs) may require additional payments from the payor as these are considered special expenses, if they are reasonable. The court usually orders these to be shared by the parents in proportion to their incomes.<\/p>\n
Parents typically must pay child support until the child is 18. But there are some exceptions. For example, you can stop paying if the child is emancipated before age 18 \u2014 unless they are unable to support themselves. Other considerations may apply for special needs children.<\/p>\n
Paying parents cannot deduct child support payments for tax purposes (unlike spousal support).<\/p>\n
Parents that receive child support payments need not include the payments as part of their annual income. In some cases, one of the children can be claimed as equivalent to spouse for tax purposes if the separation agreement is properly drafted and circumstances permit.<\/p>\n
Child support may be payable for many years, requiring recalculations as income and circumstances change. Lawyers can help. So can the Provincial Child Support Recalculation Service.<\/p>\n