Because each family and every situation is different, family law can be an unpredictable area of law. There are lots of grey areas and not very many things are carved stone. Child support proves to be the exception to this uncertainty because it tends to be clear cut by comparison.
Under the law, child support is considered the right of the child even though it is paid to the parent. It is meant to provide the child with the financial resources of both parents. But who has an obligation to pay?
With few exceptions, any parent who does not have primary care of child is obligated to pay child support. A recent article explains that even when the pregnancy was unplanned, both parents still have legal and financial obligations to that child.
Another issue that comes up from time to time is paying child support for a child who you do not see. This may be due to a custody order, or an older child who has made a decision to cut off contact with a parent. Even in this case, the parent has a legal obligation to pay child support.
Generally, when a child is adopted or permanently taken out of the care of a parent, child support is no longer payable. On the other hand, if you adopt a child, you will have a duty to pay. In some cases, even an informal parenting relationship can lead to you being considered in “loco parentis” or standing in as a parent.
The courts take their duty to provide for children very seriously since children do not generally have their own lawyers. It is not easy to avoid or reduce the prescribed amount of child support.
Do you have questions about the date of separation or any other family law issue? You can schedule a no obligation Issue Review Consultation by calling (902) 826-3070 or visit www.highlanderlaw.ca for more information.
Peter G. Duke - Associate Lawyer
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