Parents have an obligation to provide financial support for their child or children; however, the obligation ends for each child either in accordance with an agreement or Order, or pursuant to applicable law.
It is commonly known that children in family law proceedings includes one’s natural or adopted children; however, less known is the fact that a person can be found to be standing in the place of a parent to a child who is neither his or her natural or adopted child and rights and obligations may exist or be established as a result. These rights and obligations include, but are not limited to: custody, access and child support.
The basic amount of child support determined in accordance with the Child Support Guidelines is based on the gross (meaning before tax) income of the payor(s), the number of children for whom support is to be paid and the residential arrangements for the child or children. The federal and provincial governments decide the amount of support payable in the federal and provincial Child Support Guidelines, which are based on the cost of living in each Canadian province.
A parent may not have to pay the basic amount of child support if the child is over 18, resides with that parent at least 40% of the time or there are multiple children of the relationship residing primarily with different parents. In those circumstances, if parties are not able to agree, the Court determines the amount if child support payable based on the circumstances of the case, including the child’s needs and the parents’ incomes.
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