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Every state recognizes that each parent is responsible for providing support for their children, whether the child lives with each parent or not. However, there are many circumstances when the family court should no longer have jurisdiction of the case or when child support should otherwise end.

By Court Order

Imagine a woman is so infuriated with her husband for his philandering, gambling and drinking that she disinherits him. Upon her demise, the husband commences an application for support under Part V of the Succession Law Reform Act (the “SLRA”).[1] The husband qualifies as a dependant because he is a spouse and his wife had a legal obligation to support him. What impact, if any, would his past behaviour have on his entitlement to dependant’s support?

By way of background, claims for dependant’s support are governed by Part V of the SLRA. Within Part V, section 57 contains the definition of a “dependant,” which includes the spouse of the deceased. The definition also provides that the deceased must have either been providing support or been under a legal obligation to provide support to the dependant immediately before his or her death.[2] Section 62 of the SLRA contains an extensive, but not exhaustive, list of factors the court will consider in determining the amount and duration of support to be awarded to a dependant. Section 62(1)(r) contains factors considered specifically for a dependant spouse, and subsection (i) therein contains the phrase “a course of conduct by the spouse during the deceased’s lifetime that is so unconscionable as to constitute an obvious and gross repudiation of the relationship.”[3] This leads to the first question that a disinherited spouse might have: what will be considered unconscionable conduct sufficient to preclude or lessen the amount or duration of support awarded?

 Federal law requires all child support payments be made by wage assignment and health insurance by Health Insurance Orders. Child support collection statistics reflect that only 20% of noncustodial parents pay their court ordered child support monthly, As a result, numerous additional enforcement laws have been implemented in order to force compliance.

Collecting unpaid child support is an on-going problem for many custodial parents. High unemployment and the national economic situation leads to more people than ever unable to meet their financial obligations including child support payments.

There are a growing number of individuals who have exhausted their unemployment benefits and cannot find work. Bankruptcy, while offering relief from a variety of consumer and medical debts, does not offer relief for a former spouse who is behind in support payments.

Establishing paternity, or determining a parent child relationship, is legally necessary in order to collect child support. If a child’s parents were not married to each other when the child was born, the law does not recognize the father unless paternity is legally established by a court order. Establishing paternity will give your child the same rights and benefits as children born to married parents. Unmarried parents can establish paternity by signing the voluntary Declaration of Paternity. This can be done in the hospital after the child is born. A Declaration of Paternity may also be signed by parents either before or after they leave the hospital (Wikipedia). The federal government provides a payment to the hospital for each Declaration of Paternity signed. The signed Declaration of Paternity has the effect of a legally binding Judgment of Paternity.

An acknowledged father is a biological father of a child born to unmarried parents, for whom paternity has been established by either the admission of the father or the agreement of the parents. An acknowledged father must pay child support. An unmarried man who impregnates a woman is often referred to as an alleged father until there has been a finding of paternity. An alleged or unwed father will be required to pay child support if a court determines or he acknowledges that he is the father; in addition, an alleged or unwed father has the right to visitation with his child and may seek custody (Babycenter.com).

Child Support Guidelines

In any family law case involving minor children, the issue of child support is likely to be the subject of significant focus. Child support is based on the policy that both parents have an obligation, both legal and moral, to financially support their children regardless of the parents custodial rights. As a legal matter child support includes the financial support of children and not other forms of support, such as emotional support, physical care, or spiritual support.