What No One Tells You About Child Support in Canada

If you’re in the process of breaking up or divorcing your partner with whom you share a child, you need to understand how child support works in Canada. Child support is the money that one parent pays the other to financially contribute towards their child’s upbringing after separation or divorce.

According to Canadian law, both parents have a legal responsibility to provide this financial support. A divorce or a separation doesn’t change anything. It’s therefore crucial for you to understand everything about the process. To make sure you know all about it, here are a few things no one tells you about child support in Canada.

You Can Get Your Child Support Amount Changed

Although you have to pay your child support until the date on the order, you can get your child support amount changed by claiming undue hardship. Sometimes the amount decided by the court, when combined with your circumstances, may create undue hardships for you and your children. You can determine if you have undue hardships before claiming it.

To prove undue hardship, you’ll have to prove two things:

• The circumstances have made it difficult for you to pay child support.
• The standard of living of the other parent is better than yours.

According to the Federal guidelines, some of the things that can cause undue hardships are:

• High debts due to loans taken to support the family before separation.
• A legal duty to support dependents from other relationships.
• A legal duty to support any other person.

You Can Directly Pay Child Support to Your Child

In rare cases, child support can be paid directly to the child. This is only true for cases in which the child is of majority age. A judge will have to consider the family’s situation before you’re allowed to pay child support directly to your child.

You Can Create Your Own Child Support Agreement

You can create your child support agreement in two ways:

• Out of court settlement between you and your ex-partner
• Child support order by the court

You can mutually set your child support with your ex without any external involvement. Setting up child support mutually will help you both be more flexible with the payments. The child support decided by the court will essentially be based on the federal and provincial child support guidelines.

You Still Have to Pay Child Support If You Declare Bankruptcy

Filing for bankruptcy doesn’t end your legal responsibility towards your child. You will have to pay child support even after declaring bankruptcy.

Your Prenuptial Agreement Can’t Protect You from Child Support

Child Support is the right of the child, not your spouse. It’s for this reason that neither you nor your spouse can contract out of paying child support by mentioning it in your prenup agreement. Moreover, it goes against the law, and so any such contract won’t stand in the eyes of the law.

If you’re planning to get into a legal battle for your child’s support, contact Nanda and Associate Lawyers Professional Corporation. We’re experienced lawyers in Mississauga who can help you fight family law, real estate, and personal injury claims. We’re also one of the best Canadian immigration lawyers who can help you with your Canada spouse visa application.

To get in touch, book a free consultation right away!