How does a new child support agreement work?

This Agreement gives the parents the option to alter an existing child support agreement or to create a new child support agreement. Child support is generally based on a calculation that weighs the amount of time each parent will spend with the child and the parents’ respective incomes and assets.

What are the rules for child support in a divorce?

The only real rule is that both parties must agree that the amounts set are fair and binding. Such agreements are always subject to review by a Court if either of the parties later became dissatisfied with their agreement, or if either party later applies for a divorce.

How does child support work in Canada after divorce?

Despite being divorced, both parents always remain legally obligated to financially support their children. The main principle of Canada’s child support law is: “All children should continue to benefit from the financial means of both parents as if they were still together”.

What happens to child support when parents separate?

When parents separate, a parent must ask the court to make an order establishing parentage (paternity) and also ask the court to make an order for child support. Child support payments are usually made until children turn 18 (or 19 if they are still in high school full time, living at home, and cannot support themselves).

Who is required to pay child support in a divorce?

Although a court could order either or both parents to support a child, in most cases the “ noncustodial parent,” the parent with the least amount of time with the child (or children), pays child support. The parent who pays support is referred to as the “obligor.” The payment amount is based on a percentage of the noncustodial parent’s income.

How is child support prorated in a divorce?

The presumptive child support obligation is prorated between each parent based on his or her proportionate share of total income. The noncustodial parent’s share is payable as child support, while the custodial parent’s obligation is retained and presumed to be spent directly on the child.

Can a noncustodial parent make child support payments?

The law assumes that the custodial parent already covers many of the costs involved in caring for a child. For this reason, the noncustodial parent makes the support payments. It’s not always necessary for a court to issue the child support order.