INFO YOU CAN USE: Common misconceptions about child support
WHEN a parent applies to the court for child support, there is no minimum or maximum amount payable for this maintenance. The court will assess the needs of the child in order to determine the amount of financial support required. Factors include the child’s physical and mental health, nourishment needs, educational needs, extracurricular activities and general health needs.
The court will assess the financial means of both parents or legal guardian(s). Factors include job description, salary amount, and loans and liabilities.
A maintenance order for child support is cemented in a court order. If the parent or guardian is found in breach of the court order, he or she can be held in contempt of court, which may amount to jail time.
Here are three common misconceptions about child support:
1) Only fathers pay child support — The law is not gender specific on the payment of child support. The court places the burden equally on each parent or legal guardian to care for the child.
2) Unemployment equals exemption from child support claims — The court can still order an unemployed parent or guardian to make monthly child support payments. This is to assist the individual who has custody of the child with maintenance.
3) Mothers will always be favoured in custody hearings — The court will assess the home environment and the availability of the parties involved to determine who is best suited to have care and control of the child. In cases where mothers have custody of the child, the father still qualifies for visitation rights, and vice versa.
