The child of the separated parents has the right to claim its support and this right is internationally recognized. In Canada, child support must be provided to the child until it is sixteen years old and it has withdrawn parental control. The Canada child support must be exclusively provided by the non-custodial parent and this does not mean that the custodial parent need not spend any money. Any money that is spent by the custodial parent related to the household is considered as expenses towards the child as the child is also benefited by such expense on household.
In Canada, child support has to be provided for the child whatever may be the relationship between the parents before separation. Even if the parents are never married, the child support has to be provided by the non-custodial parent. The s Canada child support is determined by the amount of money the non-custodial parent, often called the payer pays for the wellbeing of the child.
The amount that the payer has to pay is influenced by many factors. The court decides the amount of money that amount that is sufficient to support the financial and educational needs of the child. The location where the child is brought up plays a major role in determining the amount the payer has to pay. Also, if the payer is entitled to support more than one child he has to pay more every month. The income of the payer also influences the amount paid for child support.
The Canada child support guidelines explain the amount of money that the non-custodial has to pay to support the child. Often, the amount paid will be more than that is specified by the guidelines. This is because, the payer has to pay additional expenses for the child that are termed as special or extraordinary expenses. These expenses are incurred by the actual educational course taken up by the child. Generally, you cannot pay an amount less than that is specified in the guidelines.
The court is very strict about Canada child support and eventhough you have another family with children, you have to pay the child support specified in the guidelines. On some special cases, you may be permitted by the court to pay a lesser amount on account of some genuine reasons that will benefit the child.
The court has seen several disputes with Canada child support . There are many cases where the court has imputed income for child support. This can happen when the payer is underemployed and cannot continue to pay the Canada child support . This will be considered seriously by the court and if there are genuine reasons for unemployment, then the court will allow the payer to pay a lesser amount as child support.
If the payer has intentionally unemployed, then the court will impute income for child support and the payer has to pay the amount set by the court. This intentionally means that, if the payer has become unemployed for reasons that are not worthwhile, then the court can impute his income. Rather, if the payer takes a less paying job because of his illness or for his future prospects, then the court will not impute his income.
The time for which you have to pay the Canada child support is as long as your child is engaged in a full time course. When the child has earned its first post secondary degree or diploma, you may stop providing child support. The ending of child support is not cleared specifically in the child support law. You may need to extend the support when the child has not withdrawn its parental control even after completing the degree. In some cases, the court has ordered to extend Canada child support until the child of the marriage gets an employment to satisfy its basic needs. When the child is not able to meet its needs on its own during circumstances like illness, diseases, injuries and some other health issues, you should extend child support as per the law.
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