Civil law

Other

Who has to pay for the baby’s needs?

Under the law, parents have a duty to support their children. This means that they have to help provide for regular needs such as food, housing, clothing, medication, and even leisure activities and sports.

Because of this duty, even parents who don’t live with their children usually have to pay child support. In the story above, both Ali and Maria will have to pay for their child’s needs for many, many years to come!

Can a court order Ali to give financial support to Maria for her own needs?

No. Ali’s duties only involve their child.

Only couples who are married or in a civil union have to financially support each other. This basically means that when these couples separate, one of them can request spousal support from the other to pay for his or her own day-to-day needs.

Spouses in a “common law” or “de facto” union (who live together but are not married or in a civil union), don’t have to financially support each other. Neither do people who have never lived together, who are not married or in a civil union.

So this means that Maria won’t be able to get spousal support payments from Ali to provide for her own needs. She can only ask for support for their child. Child support is something that all parents have to provide, whether or not they are married.

Ali is still a minor (under 18). Does that mean he won’t have to pay child support?

No, he’s isn’t let off the hook just because of his age! If Ali’s name appears on the baby’s birth certificate or if he behaves as though he is the child’s father, he will be considered a parent. As a parent he will have to chip in for everything that’s needed for the little one - formula, jumpers, a crib, bottles, a 4X4 stroller, one million diapers, a pacifier, stain-resistant bibs, you name it!

Many people mistakenly believe that a father can escape his child support duties simply by refusing to sign the birth certificate or by refusing to get involved with the baby. That’s not true at all! Obviously, if Ali refuses to help out, it’s going to make it harder for Maria to get child support payments. But she can take him to court if he denies that he’s the father and seek a paternity judgment, and a DNA test to establish that Ali is in fact the father.

Obviously, Ali’s parents or grandparents are free to help out financially if they want to, but they have no legal duty to do so.

How much child support will Ali have to pay?

Child support is based on the parents’ resources (income), the children’s needs and the amount of time the children spend with each parent. That means that child support differs from case to case. A standard form filled out by the parents calculates the amount of child support owed. In all cases though, the parent that is paying must make more than $10,100 of income a year. If he makes less than that, he will not have to pay child support (unless he is purposely making himself poor in order not to pay!).

Let’s say that Maria goes to court asking for child support. Ali will then be ordered to pay support for the child’s needs depending on his financial situation at the time. Since he is working part-time as a supermarket cashier, the support payments certainly won’t be high. But if one day Ali owns the whole supermarket chain, then he’d have to make higher child support payments.

When do Ali’s child support duties end?

A parent usually has to pay child support until the child is able to look after himself. This duty can continue past the age of 18, if the child is not yet financially independent.

For example, let’s say that Ali and Maria’s child eventually goes to university, and still needs support. In this case, Ali may have to continue paying her support even in to adulthood.

But, keep in mind that a young adult is expected to take reasonable steps towards financial independence. She may have to go out and get herself a job to help her father, Ali, support her. Ali wouldn’t be forced to support his adult child’s demands for designer clothes, or pay for her two bachelor’s degrees, three graduate degrees, and private skydiving lessons!

Do parents have a duty to support adopted children?

Yes. The duty of support exists as soon as there is a parent-child relationship (called “filiation”).

The law says that a parent-child relationship is created by:

• blood - where children are conceived in the usual way, or using assisted procreation (like artificial insemination); or
  
• adoption.

The parents of a child – adopted or not – have a duty of support towards her.

Since Maria is a minor (under 18), will her mother have the right to make decisions about the new baby?

No. Maria and Ali, as the child’s parents, are the only ones who can make important decisions about the child.

Of course, this doesn’t mean that Maria won’t be open to taking her mom’s advice, food, money and whatever else she offers!