Canadian Child Support Laws have put down certain directions on this aspect. Under the law, if you do not hold the custody of the child or are not resident with the child for a major part of time, you will have to pay child support.
Under the Canadian child support laws, there is a table called the Child support guidelines. The table helps you to calculate the amount of child support you would have to pay. This is normally based on three parameters, namely the province you reside in, your regular income, and also takes into account the number of children you are already supporting through child support.
The Canadian child support guidelines may sometimes need for you to pay more than the amount required by the Ontario Child Support Guidelines. If your child has special or extraordinary expenditure like day care, childcare, private school, post secondary education or extraordinary medical expenses, you may have to pay more. This additional expenditure is to be shared between you and your spouse as per your income levels. The Canadian Child support system is also strict about the implementation of this rule. Under no circumstances can you reduce your contribution towards child support. Even if you acquire a new family towards whom you have to contribute your income, you will have to continue paying towards child support.
However, under the Canadian child support law, there are ways to reduce child support. If you are suffering undue hardship on account of child support, you can reduce your contribution to child support. If the child towards whom you are extending child support, is 18 years or above, there can be a reduction in child support. Your contribution towards child support can also be reduced on account of special provisions that are for the benefit your children.
The Canadian child support laws insist that child support is to be paid as long as the child is attending school full time. Child support will have to be paid as long as the child or children are attending college or university where they are studying for their diploma or first post-secondary degree.
Under Canadian child support tax laws, any payments made under agreements entered into before 1 May 2007 for child support is tax deductible. The person paying the child support could avail of tax benefits while the parent receiving the child support on behalf of the child, has to pay tax on the amount of child support received.
The Canadian child support law also specifies that you cannot direct the expenditure for your child. The rationale behind this is simple. The court has found your partner capable of bringing up the child. It naturally follows that the person capable of looking after the child is also capable of taking care of the child support assistance received.
The system is not rigid. The Canadian child support system is flexible enough to allow for changes in the amount of child support you may pay if there are changes in your circumstances or where there is reduction in income levels. However the Canadian child support laws are strict about the amount of child support you must pay. It is compulsory to pay child support even if you are denied access to your children. The court alone can change the amount of child support that you are required to pay.
The Canadian child support laws are also protective of the children born out of wedlock. The rules apply even if you are not married. Your child support payments will commence only when a specific application is made for child support. Canadian child support laws insist that if you need child support, it is best to apply for it right away as you will receive child support. The court will not pass orders for child support for periods before the date of application for child support. It would best to meet a family lawyer and make your application.
The Canadian child support law makes it clear that in the circumstances you get a new spouse, his or her income will not be taken into consideration while calculating child support.
The Canadian child support guidelines are quite simple and have been formulated for the best interests of the child as he or she is the victim of a painful decision of its parents.
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