Difference between revisions of "How Do I Get Out of Paying Child Support?"
Drew Jackson (talk | contribs) (Created page with "__NOTOC__ {{JP Boyd on Family Law TOC}} {{OKSUBSTANTIVE}} The answer is pretty simple most of the time: ''you don't''. ==Biological Parents== The law in Canada is that a b...") |
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− | + | {{JP Boyd on Family Law How Do I TOC|expanded=obligation}} | |
− | {{JP Boyd on Family Law TOC | ||
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− | The answer is pretty simple most of the time: ''you don't''. | + | The <span class="noglossary">answer</span> is pretty simple most of the time: ''you don't''. |
− | ==Biological | + | ==Biological parents== |
− | The law in Canada is that a biological parent must pay child support when the child lives with the other parent most of the time | + | The law in Canada is that a biological parent must pay child support when the child lives with the other parent most of the time. |
− | Since child support is the right of the child, not the right of the parent, neither parent has the right or ability to bargain away child support in exchange for giving up, for example, the right to seek custody of or access to the child. Agreements like that are | + | Since child support is the right of the child, not the right of the parent, neither parent has the right or ability to bargain away child support in exchange for giving up, for example, the right to seek custody of, or access to, the child. Agreements like that are not upheld by the courts. It is the court's duty to ensure that after separation parents make appropriate financial arrangements for the children. |
− | The duty to pay child support stems from the simple fact that both parents contributed some of their genes to make a baby, and that's something you just can't get out of. It's a biological fact that has nothing to do with the ages of the parents, their marital status or whether both parents have maintained or want to maintain a relationship with the child. | + | The duty to pay child support stems from the simple fact that both parents contributed some of their genes to make a baby, and that's something you just can't get out of. It's a biological fact that has nothing to do with the ages of the parents, their marital status, whether they lived together or not, or whether both parents have maintained or want to maintain a relationship with the child. |
− | + | There are only two exceptions: | |
+ | #the child with your genes is born as a result of assisted reproduction and you are a donor — in this case, the donor is not, by reason only of the donation of their sperm or egg, the child's parent, or | ||
+ | #someone else adopted the child with your genes. | ||
− | + | If those two exceptions don't apply, the only way to get out of an obligation to pay child support is if: | |
− | + | ||
+ | *the child lives with you for the majority of the time, in which <span class="noglossary">case</span> the other parent <span class="noglossary">will</span> be required to pay child support to you, or | ||
+ | *you and the other parent have equal or close to equal parenting time with the child and both of you make the same income. | ||
==Stepparents== | ==Stepparents== | ||
− | The ''Divorce Act'' and the ''Family Law Act'' both say that stepparents | + | The ''Divorce Act'' and the ''Family Law Act'' both say that stepparents may be required to pay child support, but only if the parent and the stepparent separate. |
+ | |||
+ | Under the ''Divorce Act'', this means someone who married a parent. | ||
+ | |||
+ | Under the ''Family Law Act'', this means someone who married a parent, or lived in a marriage-like relationship for at least two years with a parent, and contributed to the support of that parent's child for at least one year. | ||
+ | |||
+ | The nice thing about being a stepparent is that the other biological parent's obligation to pay child support can be taken into <span class="noglossary">account</span> when the amount of the stepparent's child support payments is being figured out, which usually means that support <span class="noglossary">will</span> be paid in an amount less than what the Child Support Guidelines require. | ||
− | + | You can find out more about the obligations of stepparents to pay child support in the chapter [[Child Support]]. | |
− | |||
− | + | {{REVIEWED | reviewer = [[Trudy Hopman]], September 22, 2023}} | |
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
− | [[Category: | + | |
+ | [[Category:Helpful Guides & Common Questions|G]] | ||
+ | [[Category:Avoiding an Obligation]] | ||
+ | [[Category:JP Boyd on Family Law]] | ||
+ | |||
+ | {{Creative Commons for JP Boyd}} |
Latest revision as of 00:15, 26 September 2023
The answer is pretty simple most of the time: you don't.
Biological parents[edit]
The law in Canada is that a biological parent must pay child support when the child lives with the other parent most of the time.
Since child support is the right of the child, not the right of the parent, neither parent has the right or ability to bargain away child support in exchange for giving up, for example, the right to seek custody of, or access to, the child. Agreements like that are not upheld by the courts. It is the court's duty to ensure that after separation parents make appropriate financial arrangements for the children.
The duty to pay child support stems from the simple fact that both parents contributed some of their genes to make a baby, and that's something you just can't get out of. It's a biological fact that has nothing to do with the ages of the parents, their marital status, whether they lived together or not, or whether both parents have maintained or want to maintain a relationship with the child.
There are only two exceptions:
- the child with your genes is born as a result of assisted reproduction and you are a donor — in this case, the donor is not, by reason only of the donation of their sperm or egg, the child's parent, or
- someone else adopted the child with your genes.
If those two exceptions don't apply, the only way to get out of an obligation to pay child support is if:
- the child lives with you for the majority of the time, in which case the other parent will be required to pay child support to you, or
- you and the other parent have equal or close to equal parenting time with the child and both of you make the same income.
Stepparents[edit]
The Divorce Act and the Family Law Act both say that stepparents may be required to pay child support, but only if the parent and the stepparent separate.
Under the Divorce Act, this means someone who married a parent.
Under the Family Law Act, this means someone who married a parent, or lived in a marriage-like relationship for at least two years with a parent, and contributed to the support of that parent's child for at least one year.
The nice thing about being a stepparent is that the other biological parent's obligation to pay child support can be taken into account when the amount of the stepparent's child support payments is being figured out, which usually means that support will be paid in an amount less than what the Child Support Guidelines require.
You can find out more about the obligations of stepparents to pay child support in the chapter Child Support.
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Trudy Hopman, September 22, 2023. |
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