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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 not upheld by the courts. It is the court's duty to ensure that after separation parents make appropriate financial arrangements for the children. | 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: if the child is born as a result of assisted reproduction | 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: if the child is born as a result of assisted reproduction — in that case, the donor is not, by reason only of the donation, the child's parent, and adoption of the child. | ||
There are only a few ways to get out of an obligation to pay child support: | There are only a few ways to get out of an obligation to pay child support: | ||
*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 | *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, | ||
*if you give the child up for adoption, in which <span class="noglossary">case</span>, following the adoption, you <span class="noglossary">will</span> will not have any obligations at all toward the child | *if you give the child up for adoption, in which <span class="noglossary">case</span>, following the adoption, you <span class="noglossary">will</span> will not have any obligations at all toward the child, and | ||
*if you and the other parent have equal or close to equal parenting time with the child and both of you make the same income. | *if you and the other parent have equal or close to equal parenting time with the child and both of you make the same income. | ||
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