Support for a Minor Child

PSP Legal’s affiliated family law attorneys can help you obtain child support or answer your questions when you are served with a child support application.

 

Expertise / Family Support for a Minor Child

Whether you’re the one applying for child support, or the one who’s been served with an application to set child support, we’re here to help.

While many questions can be answered with the help of the guides, sample letters and forms in our legal toolkit, an independent jurist affiliated with PSP Legal will always be happy to help you by answering any questions you may have.

Of course, if you prefer to have an experienced practitioner take charge of your situation and intervene directly and quickly on your behalf, you can also request that one of the independent jurists affiliated with PSP Legal represent you by clicking here.

 

Child support

What is child support? 

Child support is an obligation incumbent on both parents. Parents must continue to provide for their dependent children even if they separate. The obligation falls on the non-custodial parent, or in the case of shared custody, on the parent with the lower income. By law, this obligation applies equally to civil union spouses and common-law partners.

 

What can child support be used for?

The amount of child support is established to meet the child’s usual needs, such as :

  • food
  • housing
  • housekeeping
  • personal care,
  • clothing
  • furnishings
  • transportation

 The aim of the measure is therefore to enable the child to enjoy more or less the same lifestyle he or she enjoyed when both parents were still together.

 

Definition of a dependent child

To be recognized as a dependent child, the child must have been financially dependent on the parent. In other words, the parent-child relationship is not mandatory. A spouse who has taken the place of a parent, even though he or she has no blood relationship with the child, may be obliged to pay child support. What’s more, a child of full age can also be a dependent child, depending on certain circumstances. Obviously, to reach this conclusion, the court will evaluate various factors to determine whether the child is dependent.

Finally, it should be noted that the application to set child support is often joined with an application to establish custody of the children.

 

Determining the amount of child support

The laws governing child support differ depending on whether the parents are spouses, de facto partners or in a civil union. There are therefore two models for determining the amount of child support based on the parents’ marital status.

  • The Quebec model

This first model is applicable to de facto spouses and spouses both residing in Quebec. The scale used is the Child Support Determination Form, which takes into consideration two elements: the parents’ combined disposable income and the number of children for whom support is requested. The obligation is then apportioned on the basis of two variables, namely the respective incomes of each parent and the planned custody arrangement. The Quebec model also takes into account special expenses, undue hardship and other factors, where applicable.

  • The federal model

Unlike the Quebec model, the federal model applies only to spouses. It applies when one of the spouses lives outside the province of Quebec. The criteria taken into consideration are the paying parent’s domicile, income and the number of children involved in the support claim. In addition, certain special or extraordinary expenses may be taken into account.

 

Exceptions to the child support scale

It is possible for a parent to demonstrate undue hardship, which will allow him or her to request an increase or decrease in the amount of child support, depending on whether he or she is the creditor or the debtor. Examples of undue hardship include support obligations to persons other than the child, the value of the parent’s assets, non-exercise of access rights, and debts incurred for family needs. Therefore, if a former spouse believes that the amount of child support should be revised downward or upward, he or she can submit a request to the court.

 

How we can help

Our legal toolkit includes a variety of online resources and links to templates and guides to help you better understand your obligations.

However, should the Legal Toolkit prove insufficient in your situation, you can obtain additional assistance by speaking with one of PSP Legal’s affiliated jurists:

Of course, if you prefer to have an experienced practitioner handle your situation, you can always request that one of the independent jurists affiliated with PSP Legal intervene on your behalf by clicking here. He or she will then be able to intervene directly and rapidly on your behalf by:

  • Preparing, negotiating and drafting applications, procedures or any other legal documents related to your situation;
  • Assisting and advising you on your legal rights and obligations;
  • Representing you before the courts when legal action is taken;
  • Guiding you through the choices available to you, leading to a fair and satisfactory solution.

 

PSP Legal, because you deserve expert advice!

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