Who Has to Pay Child Support?

Child Support, Family Law

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.

If you have any questions about who needs to pay child support you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $100+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.  

By: Dianna M. Rievaj, MBA, LLB - Founding Lawyer

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers