Child support is most often paid by one parent, to the parent who has care of the child the majority of the time. A payor parent has a legal responsibility to provide child support regardless of whether that parent has communication or contact with the child. At the same time, a payor parent does not have to pay child support in order to see their child. In other words, the primary care parent cannot refuse to allow the other parent to have parenting time with the child just because the payor has not paid, or is in arrears on child support.
Courts determine child support based on Federal Child Support Guidelines. These guidelines were created to establish a fair standard of support and to ensure that children continue to benefit from the financial means of both parents after separation. As the payor parent’s income increases or decreases throughout the years, child support should be adjusted accordingly. Of course, there are nuanced exceptions to this and you should consult with a family lawyer to discuss.
For more information on child support obligations and entitlements please contact our Family Law Team at 902-469-9500 for a free 30-minute consultation.
The recent amendments to the Divorce Act are giving a new meaning to family violence. Before the amendments, the term “family violence” had no legislated definition, leaving courts to decide the best approach to this complex issue.
The federal government is changing the language on parenting, with hopes of changing the conversation. Bill C-78 has introduced a number of amendments to the Divorce Act, which have generally been welcomed by lawyers and scholars across the country.
Further to the blog below that we posted in February, the Bill obtained Royal assent on June 21, 2019. There is no update yet as to when it will come into force, but this is to be decided in the coming months by the Governor in Council.