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How to Apply for Child Support in Canada?

How to Apply for Child Support

Divorce is not just a fact between two people; more things go with it—the children, their future, all. The effect of divorce on children is profound and far-reaching. The children already go through a difficult time, even without being at fault.

Equally, this is one of the most difficult challenges parents can face. It becomes more stressful because they must divide their earnings to provide child support. Depending on where you live, the law and amount of child support may change.

However, child support can confuse both parents, as the law often varies. A lot of us don’t know how to apply for child support. In this article, we’ll discuss everything you need to know to apply for child support.

Let’s get started!

What is Child Support?

Child support, or child maintenance, is a regular payment made by parents for the child’s best interest. Both custodial and non-custodial parents are liable for child support. Mostly, the father, as a non-custodial parent, pays for the child to the mother.

This is not always the case. The mother is equally responsible for paying for child support. In some jurisdictions, both parents act as custodial parents. The parent who has a higher income is bound to pay another custodial parent.

No matter what the circumstances, the purpose of child support is to split the financial responsibility. The amount of child support entirely depends on the parent’s earnings.

What are the factors for child support in Canada?

  • The annual income of both the custodial and non-custodial parents
  • The number of eligible children for child support
  • The province where the parents live

What Does Child Support Cover?

There is a misconception about child support that it only covers basic needs like food and clothing. But the truth is, money paid for child support covers a range of expenses. It intends to maintain the child’s life and all their basic needs.

  • Necessities include food, clothing, furnishing, and other things that the child will use.
  • Shelter- to ensure that the child is living in a safe place.
  • Educational expenses, including school/college fees, books, supplies, etc.
  • Medical expenses, including doctor’s fees, dental care, medications, and similar expenses.
  • Childcare- If the parents cannot take care of their child, they have to pay for daycare, nannies, babysitters, and other childcare costs.
  • Extracurricular activity costs, including summer camp, sports activities, etc.

Eligibility for Child Support

The eligibility criteria to apply for child support varies from state to state. Below are some standard criteria that a parent and child have to meet.

  • The children have to be under the age of 18.
  • The parents are divorced or separated. There was no child support issued during the divorce.
  • Paternity is established.
  • Any agency, caretaker, or third party, took the child’s custody.

How to Apply For Child Support?

Earlier, we mentioned that the laws for child support may vary from state to state. If one parent lives in a different country, you should know how to collect child support internationally. There are a few rules that need to be followed. Regina Divorce Lawyer can also help you in this case.

However, you can apply for child support in Canada with little preparation. Here is a guide to using for child support:

Step 1: Preparation for the Application

The first stage is to look for the local Child Support Division. The Office of the Lawyer General can file for child support. You can also contact the country’s prosecutor’s Title IV-D child support office.

Step 2: Meet the Lawyer

As we said before, applying for child support can be troublesome. There involves a lot of resources that you have to gather. As a general citizen, it may be challenging to work on it. You need professional help here.

You can contact Regina Family Law Firm to get support. It will help you find out whether you are eligible for child support or what amount you should pay for child support.

Step 3: Establish Paternity

When a mother is looking for child support from the father, she needs to establish paternity. This can be established by voluntary acknowledgment, presumption, or court order. Here, the mother may need to sign a legal form from the father with proof that he is the child’s father.

Step 4: File for a Primary Order

As an initial stage, you have to file for a motion for child support. You need to file it where the non-custodial parent lives. There is a petition form available to apply for child support.

Along with the petition form, you’ll need some supportive forms. The forms include:

  • Information on family relationship
  • Income cover-up order
  • If the other parent lives out of state, you’ll need an Out-of-State Affidavit

Once you get the form, fill it out carefully. You may need to include the child’s name, birth date, your name, SIN number, address of both parents, etc. As a preparation for the filing, you may need to sign some form in front of a notary. After that, sign all the forms.

Step 5: Copy the Forms and Serve Other Parent

Before you take the forms to court for filing, make several copies for yourself and another parent. Send a copy of the motion to the other parent. You can send it by agreement, personal service, or publication. In all three ways, you are giving legal notice.

The first way describes the other parent agreeing to the waived service. Through personal service, you may use a private process server to deliver the forms. If you cannot find the other parent, you can give notice through publication.

Step 6: File the Child Support

Take all the signed forms along with the court clerk. The clerk will stamp all the copies of your form with the date. The court clerk should give you the “cause number” and “court number.”

Write the numbers in your petition and ask the clerk to file your forms. You may need to pay filing fees.

Step 7: Receive Child Support Payments

After the judgment, you’ll receive the amount of money for child support. The court may ask the non-custodial parent to buy an annuity to maintain payments. However, the fee for child support can be weekly, biweekly, or monthly.

How to Enforce a Child Support Order?

Sometimes the non-custodial parent skips child support. Even after establishing a child support order, the non-custodial parent does not obey the order. Well, in that case, a custodial parent can enforce a child support order.

You can contact the local Office of Child Support Services or ask for help from a lawyer. Here are the steps to be taken to initiate an enforcement action.

Step 1: Draft a Motion

Firstly, you’ll need to draft a motion to enforce child support. Ask the court clerk for printed “fill in the blank” forms. If there is no form available, you can ask a lawyer to draft a motion or do it yourself.

The draft must describe the order violated, state the relief requested, and state the manner of refusal. You may also include the amount the non-custodial parent paid or payable. With all the necessary information, sign the motion.

Step 2: File Your Draft Motion

Then you need to draft the motion where you’ve got to file the initial child support order. You may need to attach the original copy of the child support order along with support payments.

Step 3: Inform the Non-custodial Parent

In the meantime, you must inform the non-custodial parent about the enforcement. Use the same method that you’ve followed before to send a legal notice.

Step 4: Enforcement Hearing

Once your enforcement action takes place, the court will ask for a hearing. The court will mail the hearing to both parents. You must attend the hearing. Make sure to bring all the necessary copies of the motion.

If all the papers and attachments to the motion are presented correctly, the decision will go in your favor. The judge will tell the non-custodial parent the amount that is payable. In the event that the non-custodial parent does not attend the hearing, the court can issue an arrest warrant.

Step 5: Collect Child Support Payments

The court will ask the non-custodial parent to pay the arrearages. If the parent failed to do so, the court would consider alternative options. The court may freeze that parent’s bank account and federal income tax return.

They can also seize the property of the non-custodial parent. Also, in some cases, the judge cancels the person’s state-issued license. The non-custodial parent can be jailed for contempt.

Conclusion

Whether paying or receiving child support, it is meant for your child’s best interest. It can be challenging for parents to maintain support. But note that your effort means a lot for your child’s well-being.

So, it’s a smart choice to act responsibly. Only responsible parents work together to ensure their children get everything they deserve. If you cannot yet understand how to apply for child support, get help from the Regina experts.

Frequently Asked Questions

How long does it take to get child support in Canada?

The time it takes to start receiving child support in Canada can vary. Once a court order or agreement is in place, the paying parent should begin making payments according to the terms specified. However, the process of establishing child support can involve legal proceedings, negotiations, and paperwork, which might take several weeks or even months.

How long does a father have to pay child support in Canada?

In Canada, the obligation to pay child support typically lasts until the child reaches the age of majority, which is usually 18 years old. However, in some cases, support may continue if the child is pursuing post-secondary education or if there are special circumstances requiring ongoing financial assistance.

What happens if a father doesn't pay child support in Canada?

Failure to pay child support in Canada can result in legal consequences. The recipient parent can seek enforcement measures through the court or enforcement agencies. Consequences may include wage garnishment, seizure of assets, suspension of driver's licenses, and other legal actions to ensure compliance with the child support obligation.

How long is child support paid in Canada?

Child support in Canada is typically paid until the child reaches the age of majority. However, as mentioned earlier, in certain cases, such as if the child pursues post-secondary education or due to specific needs, support may continue beyond the age of majority. The duration of support can also be outlined in a court order or a separation agreement.

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