Legal Question in Family Law in Canada

Re: spousal support and child support

They are not the same thing.

1. Child Support

Child support is the right of a child to receive support from both parents; the one with whom the child does not live pays the other parent. The amount is set out in the Child Support Guidelines set by the Government of Canada for each Province, and is mandatory. (Google "Canada Child Support Guidelines" to find the appropriate tables). The Courts will generally not allow one parent to agree not to accept child support. The amount is based on the paying parent's gross income (that is the income before, not after, deductions). With almost no exceptions, the amount set out in the Guidelines is the amount that the paying parent is required to pay, and a claim of unaffordability "because the amount is too high" or "because I have debt" will not result in lower payments.

2. Spousal Support.

This is support for a partner payable after separation. It is not legally required, like child support is, but if there is proven need then based on factors such as length of the relationship, amounts of income for each party, and the monthly expenses of each, the court will make a determination of whether one party is entitled to support and then will prescribe the amount.

3. Many people claim both Child Support & Spousal Support - they can claim both and frequently are awarded both.

4. You should consult a lawyer as soon as possible; if you do not know one, look in the Telus yellow pages under "Lawyers" and look for the Canadian Bar Association's free referral service.