Both parents, either a birth parent or an adoptive parent, have the obligation to support their children. A child has the full right to it, and the government strictly inspects the matter. This duty isn’t imposed only on the father. Rather the mother also shares the same liability. But, what if the father refuses to pay the child support?
What if he is unable to pay the child support? Or, will it be an issue if the father has another family and another child there? Naturally or unnaturally, in Canada, how a child gets child support from his father? Collecting child support from the father in Canada will answer these questions.
Things To Know About Child Support from the Father
Let’s at first bat around the grounds for child support. Before that, we must remind you that there is no ‘child support’ if the parents are not separated.
How Is Child Support Collected From The Father in Canada?
It is mentioned before that both parents ought to pay child support for their children.
Normally, 2 criteria are subject to this matter- if the child is eligible for the child support and child support calculator.
Let’s surf these points.
Normally there is no reason a parent wants to escape child support. If unfortunately, a parent finds it a legal duty rather than responsibility, there are some certain points. These determine that if an individual parent has no way but is subject to pay child support.
Eligibility for Child Support
As long as a parent has no such duty or condition that they are defined as a principal parent or has any of their other child’s custody, the parent must pay child support. Dependency, illness, or disability with minor child age make the case stronger that a parent cannot deny the responsibility.
More precisely, the father must pay child support until the child reaches the age of 18. After the age period, child support may continue if the child is dependent or financially unstable.
Child Support Calculator in Canada?
Now comes the next concern, the child support calculator. It determines how much money a parent has to pay to the other parent for the child. There are four things on the basis the child support amount is calculated. These are-
- Income of the parents
- Arrangements the residence the child live in
- Number of the children
- In which territory do they live in
It is to remember that the calculation is not simple arithmetic. There are scales, or we can call them tables set by the government. The calculation based on the tables determines how much a parent has to pay for child support.
Those tables further involve other 4 more factors.
- Gross income of a parent
- Living cost
- Income tax of a province
- Average amounts usually spent for child care nationally
A Written Agreement Between The Spouses
Apart from that, there can be a mutual/ informal agreement between the parents about the child support. That may cover:
- Amount of the payment
- Payment interval
- The total duration of the payment
It happens in the presence or assistance of their lawyer. And the agreement should be written.
What Happens If You Don’t Pay Child Support?
There is no field for stopping child support by the father. To make it more clear- the parent must keep providing child support even if they are not allowed access to their children. Thus, child support is not a related issue with access and an inevitable devoir.
When it comes to violating the law by not paying child support, there are penalties for that. If a parent is late in paying the amount, different agencies will contact the payor about the payment. That may further result in –
- Garnishment or seizure of wages
- Suspension of passport or driving license
- Seizure of assets or bank accounts, etc.
Can Child Support Be Enforced in Canada?
If a parent, in this case, the father doesn’t pay the full amount, or it is verified so, the answer is a YES. It comes as a ‘support order’ that is a legal document by the court. In each province, there is a Maintenance Enforcement Program. It helps enforce these support orders or/and agreements.
We have mentioned it in the earlier section of this article. If the parent lives in Ontario, in that case, Family Responsibility Office (FRO) will contact as part of the Maintenance Enforcement Program. It is possible that there could be a separation agreement with the child support. Thus, there could be a further calculation and update in child support matters.
As it is involved with the government authority, it better try to disperse the child support timely. Or, facing FRO would be kind of wasting time or even sometimes opposite to the convenience.
Can a Child Sue Their Father for Child Support?
Some conditions let a child sue their father for child support. The first condition is the child’s age should be at least 16 years old. Another is that the court must find it legitimate to sue a father by his children. It also goes with the basic requirements to get the child support mentioned earlier in this article.
Does The Father Lose Access if Child Support is Not Paid?
The answer would be a NO. The law presumes that having a company with both parents will be rather good for a child. Keeping the child away from the father will affect the child most, and the court doesn’t allow this. One’s punishment should not fall upon another, and here, the person is a minor citizen.
The only reason a parent doesn’t have access to the child is harmful behaviour. Also, there are lawful ways to get child support from the parent, avoiding or delaying it.
How Can a Father Avoid Child Support?
A father may want to avoid child support for many reasons. But, some situations will allow a father only to pay less amount as child support. In general, there is no way a father can avoid child support.
If the father has another child from another family and paying an amount of child support may hamper the living quality of the other child, he might be allowed to pay less. Also, if the father losses his job or his income is decreased, the court may consider the issue after going through evidence.
Last Words
The best gift to the parents is their children. And the most important for the children is togetherness and support from their parents. It becomes ironic if a couple finds no other way but to separate. Otherwise, there was no question about child support. A parent cannot forget their responsibility as the need of parents cannot be replaced by anything but only by ideal custody.
But, it doesn’t end here. The father has an obligation to look after his children and provide them with the best support and guidance. A parent’s guidance is a personal affair, whereas financial support becomes legal sometimes.
Thus, a father being separated must bear in mind that distance is not hiding him from his duty. And, it’s the right of the child. That was all about collecting child support from the father in Canada.
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