Every child is associated more with its parents. Though kids may be affiliated much with one of the parent, there is no kid in the world that can stay away from its parents.
It is the right of the child to stay with its father and mother. But due to conflicts and diversities, the couple may chose to divorce or live separately without affecting the child. To enable complete security and protection for the child, Canada has formulated the child support laws. These Child support and custody laws in Canada are strictly followed in any child custody case.
Nurturing the child is a responsibility for both of the parents and this cannot be thrown off when the parents get divorced. Even after separation, both the father and the mother should take equal responsibilities to support the child financially. After separation, the custody of the child is given to one of the parents as per Child support laws in Canada or it is shared among the parents. The non-custodial parent has to pay for the custodial parent for taking care of the child. This payment is actually for the child, but it is actually paid to the person who is taking the custody. At any cost, the financial support of the child should not be denied by the parents and this is ensured by the Child support laws in Canada. Until the child attains the age of majority or until the child attains the capability to meet its own needs, the parents should provide financial support according to Child support laws in Canada.
As per Child support laws in Canada, child support should be provided to the minor child who is unmarried and the parents are entitled to provide this financial support. When the child is enrolled in a full time education program, it has to be supported by its parents, as it cannot manage its needs. But the same Child support laws in Canada states that if the child is sixteen years or older, then the child support need not be given. Later this age was lifted to nineteen years and in some provinces the age of majority is eighteen years. But even after completing post secondary degree and diploma, if the child has health problems or other reasons that restrict the child to meet its financial needs, then the parent has to take the responsibility of proving child support.
The child support laws in Canada have formulated certain guidelines to follow to determine the amount of money that has to be paid as child support. The income of the parent, the custodial access, financial position and other expenses for the child are taken into account to calculate child support. As per Child support laws in Canada, in sole custody, the parent taking care of the chills need not pay the child support whereas the parent who is away from the child has to pay the full child support. In the case of split or shared custody, both the parents should take the responsibility of child support and they can negotiate with the amount that has to be paid. For any conflicts, the court in conjunction with the Child support laws in Canada is always there to solve the disputes.
The Child support laws in Canada along with the guidelines will help to calculate the amount that has to be paid towards child support. These guidelines are formed to ensure that the child has financial support from both of the parents. But if it poses undue hardship, then the parent can claim the court to pay a lesser amount. Sometimes, you may be able to afford the amount to be paid for child support but your travel ling expenses may be more. In some other cases, the payer will be forced to live a lower standard of living for paying child support. In such cases, the court will give orders to pay lesser amounts to reduce the hardships.
Eventhough the child support laws in Canada are flexible for the parents, these laws take more care for the children and they never risk the financial support for the child. If the parent is intentionally under-employed, then the court will impute the income and make the payer to pay the child support. But is the parent is under employed for genuine reasons like health conditions and other career prospects, then the court will not impute the income and allow the parent to pay less with the change in the income.
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