Divorce is one of the toughest and worst phases one can go through. Things get more difficult when the children are involved in the divorce process. Here, you will require child support payments to give your child the best life. Every couple going through the divorce process and having a child must know every insight about the child support payment. Whether you are the parent paying the child support, or a parent receiving the child support, it’s essential that you know everything about it to ensure that you are getting a fair deal. As Jane Mukongolo, one of the most prominent child support lawyers in Toronto says, “The child support process has to be like water, entirely transparent & fair”.
If you are receiving child support, or if you are paying child support, this article is a must-read for you to get peace of mind regarding the fact that the entire thing is fair to you.
What is the Child Support timeframe?
Check out the timeframe of the child support and find out the time until which you need to pay, or you can receive the child support amount.
- Child support usually stops when a child is no longer a minor. In Toronto, it’s 18 years. In terms of age, negotiation also comes into the picture. Like a custodial parent might request the non-custodial parent to pay the amount until the child’s graduation which usually goes till 21 or 22. However, mutual understanding is also a vital thing here.
- You won’t be receiving child support if your parental rights are legally terminated due to any reasons.
- The child support stops if the child is declared emancipated by the court. Reasons for the emancipation could be numerous.
- The non-custodial parent might also have to pay the child support for life if a child is physically or mentally challenged.
Note: The child support timeframe might vary than standard rules according to various conditions. It’s important to check out the same with authorities during the case conclusion itself or consult a reliable child support lawyer in Toronto.
Factors Deciding the Child Support
The primary factors a court takes into consideration while deciding the child support are as follows.
- Child Custody Type: The type of child custody largely decides the child support. For instance, in the case of sole custody, the non-custodial parent will be paying the entire child custody amount. While, in the case of joint custody, the ability of the parent to pay the child custody amount will be taken into consideration. However, there are numerous factors to be taken into consideration in the case of joint custody.
- The Ability of Non-Custodial Parent to Pay: The paying ability of the non-custodial parent is another important factor taken into consideration while deciding the child support amount. After all, the court doesn’t want to make things difficult for the non-custodial parent by making him pay the child support which is beyond his/her limits.
- Number of Children: This is another important factor rightly considered before deciding the child support amount value. After all, a custodial parent can’t give a couple of children a life with the support amount of a single child.
Is Modification in Child Support Possible?
The next big question is, can a child support be modified in any case? Well, there are several factors that answer this question. Like if a non-custodial parent has quit a job to start his/her own venture or due to any other reason, the child support won’t be reduced.
However, if the non-custodial parent has become unemployed due to any reason, the court might think of reducing the child support amount.
Can Child Support be Avoided?
While it isn’t possible to entirely avoid child support amount at all, it can be altered a bit in case of any unforeseen conditions. Once you owe a child support, you need to pay it fully, until something unexpected happens to you in terms of your employment. Thus, the answer to the question “Can child support amount be avoided?” is a big No.
What About the Disputes?
If any of both, custodial or non-custodial parent isn’t satisfied with the child custodial amount, he/she can go back to the court and request to reduce or increase the child custodial amount. However, presenting valid & logical reasons is a must to make the court think of altering the amount. Also, if the non-custodial parent misses out on paying the child support amount, the custodial parent can seek legal ways and force the non-custodial parent to complete the payment.
What if You don’t Pay the Child Support?
What if you fail to pay the child support? Well, there are consequences. Check them out below.
- Orders from the court to clear the payments.
- You might have to serve jail time.
- You might also have to face sanctions for contempt of court.
- You might also have to pay fines along with the child support amount.
- Also, the court might decide to deny your tax refunds.
We hope that now you have a deep insight into the child support amount. The process is a bit complex but knowing these details might make it a bit easy for you. If you are going through this process, and if you are seeking reliable support, Jane Mukongolo, an experienced separation lawyer in Toronto is your answer. To connect with our team, call us at (647) 660-9832. We will meticulously go through your case and guide you accordingly.