1. What is child support?

Child support is a financial contribution made by a non-custodial parent to help cover the costs associated with raising a child. This support is intended to ensure that the child’s needs are met and that they maintain a standard of living comparable to what they would have had if the parents were living together.

2. How is child support calculated in Canada?

Child support is calculated based on the Federal Child Support Guidelines, which take into account the paying parent’s income, the number of children, and any special expenses related to the child. Each province or territory may have additional resources or tools for calculating child support, but the guidelines provide a standardized approach.

3. What factors influence child support payments?

Factors that influence child support payments include:

• The paying parent’s income.
• The number of children needing support.
• The custodial arrangement (e.g., sole or shared custody).
• Special expenses such as medical or educational costs.
• Any adjustments based on the cost of living in different provinces or territories.

4. What is custody and how does it affect child support?

Custody refers to the legal right to make decisions about a child’s upbringing and where the child lives. Custody arrangements can be sole (one parent has primary responsibility) or shared (both parents share responsibilities). Custody affects child support because it influences the amount of time the child spends with each parent, which in turn can affect the financial responsibilities of each parent.

5. Can child support be modified if circumstances change?

Yes, child support can be modified if there is a significant change in circumstances, such as a change in income, employment status, custody arrangements, or the child’s needs. Either parent can request a modification by filing a motion with the court or negotiating an adjustment with the other parent.

6. What happens if the paying parent does not make child support payments?

If the paying parent fails to make child support payments, the receiving parent can seek enforcement through various measures, including income deductions, garnishment of bank accounts, property seizure, or suspension of licenses. The Family Responsibility Office (FRO) or a similar agency in the province or territory can assist with enforcement actions.

7. How does shared custody affect child support calculations?

In shared custody arrangements, where both parents have significant time with the child, child support calculations may be adjusted to reflect the shared responsibilities. Typically, the Federal Guidelines provide a formula for calculating support in shared custody situations, considering both parents’ incomes and the amount of time the child spends with each parent.

8. What are special expenses, and how are they handled?

Special expenses are costs that go beyond the basic needs of the child and may include medical expenses, extracurricular activities, or educational costs. These expenses are typically shared between parents in proportion to their incomes. The court or child support agreement will outline how special expenses are to be handled and reimbursed.

9. How can parents resolve disputes over child support and custody?

Disputes over child support and custody can often be resolved through negotiation and mediation. If an agreement cannot be reached, the matter may be taken to court, where a judge will make a decision based on the evidence and best interests of the child. Seeking legal advice from a family lawyer can also help in resolving disputes effectively.

10. Are there resources available for parents dealing with child support and custody issues?

Yes, there are various resources available, including:

• Family law clinics and legal aid services.
• Family Responsibility Offices (FRO) in some provinces for support enforcement.
• Mediation and dispute resolution services.
• Online tools and calculators for child support and custody issues.

Conclusion

Understanding child support and custody issues is essential for ensuring that children receive the financial support and care they need. By familiarizing yourself with the rules and resources available, parents can navigate the complexities of child support and custody more effectively and work towards fair and equitable arrangements.