Child Support Lawyers | Audet FG & Associés
Child support, or child maintenance, is a right inherent to all children whose parents separate or divorce. Child support is an amount of money that is paid on a periodic basis by one parent to another to contribute to the cost of raising and supporting their children – it is a joint obligation in which the financial support responsibility is divided between both parents in proportion to their respective incomes. A parent may include a grandparent or any other person who has custody of a child, once established through a court order. Child support does not automatically stop when a child reaches the age of 18, as children who are unable to meet their own needs are considered to be dependents of their parents.
The government of Québec established a model for the determination of child support payments, which includes a table that indicates the basic parental contribution of each parent. The table is based on estimates provided by Statistics Canada on the goods and services purchased by families living in Québec.
The amount of child support is based on:
- the province or territory where the parents are living;
- the annual gross income of each parent;
- the number of children;
- the custody time;
- any additional expenses to meet a child’s needs.
The contribution must meet all the expenses for the children, meaning the children’s essential needs such as food, housing, communications, housekeeping, personal care, clothing, furniture, transportation and recreation, as well as other expenses like savings, trips, child care expenses, post-secondary education expenses and special expenses (all expenses that relate to a need created by a child’s particular situation).
In the advent that both parents cannot agree on the necessity of the expenses, the court will have to decide of the amount, if and when they are justified.