Clarification on child support
Too often my male clientele will complain about the alimony. Claiming to pay child support but never seeing their children, they will speak of injustice. I have also had clients making the same argument. It's important to understand that child support is calculated based on the time the children spend with each parent. Indeed, once the disposable family income is determined, the law indicates, based on the number of children, the total amount required to meet the children's needs. Subsequently, using a simple proportion, we can determine that the parent who earns 75% of the disposable income and has shared custody of their children (let's say precisely 50% of the time) must help their ex-partner provide for the children's needs based on the 25% that the ex-partner is supporting without being able to afford it. In this example, the ex-partner who earns 25% of the disposable family income is supporting the children's needs for 50% of the time. There is therefore a shortfall to be made.
According to this principle, parties who earn roughly the same salary and who have shared custody will not pay each other child support.
The pension will cover the child's basic needs:
- food
- accommodation
- communication
- housekeeping
- personal care
- clothing
- furniture
- transportation
- hobbies
It is generally assumed that a Quebec family will allocate approximately 51% of their children's budget to leisure activities. Any activity exceeding this percentage will be considered a special expense. These special expenses will be negotiated during the processing of your file. It is important to remember that parents must agree on special expenses before incurring them, or they may have to go to court to resolve the matter. The parent who decides to impose a special expense without consulting the other parent may be ordered to bear that expense alone.
The basic fees were determined several years ago, and the law may change. Therefore, what was considered a special fee at the time might be a basic necessity today. Thus, there is sometimes some room for interpretation.
In conclusion, since child support covers the basic needs of the child, a judge will be very strict with a parent who shirks their responsibilities.
Cabinet Gelber Liverman – Family Law
