Contact a lawyer now

Can You Go to Jail for not Paying Child Support in Canada?

Child Support in Canada

Especially in Canada, divorce cases are unexpectedly increasing. Statistics say that the divorce rate in Canada is 40%, which means in every 10 marriages, there are almost 4 marriages that end up with divorce. After the separation or divorce, a couple needs to deal with a lot of things.

But most importantly, child support and custody are on the top list after a divorce. In other words, the child suffers the most than a couple themselves. So, child support after the divorce is a very important thing to point out. People have so many questions regarding child support or custody when a divorce takes place.

So, in this writing, we are going to answer can you go to jail for not paying child support in Canada and some questions regarding child support in Canada and also will know what will happen if you do not pay for child support. Keep reading to learn more.

What will happen if you do not pay for child support?

This is the most common and popular question among people who recently went through the divorce process. First and foremost, not paying for child support is not a good option. Without a doubt, it is a crime in the sight of Canadian law. In some cases, if you do not pay for child support, you may end up going to jail for this offense.

Only in Canada, there are almost 1 million divorces are taking place every year. And most of them have a child. So, after the divorce, that child support becomes a very significant issue. Even the Canadian government prioritizes child support over spouse support. That is why, if you have to pay for both child support and spousal support, then you have to pay more importance to child support first. It’s not only a rule, it’s also highly recommended by any experienced Child Support Lawyer in Edmonton.

Then, the spouse’s support will be concerned if you can pay for the spouse’s support. Then you have to pay for this. If you fail to pay for any of these, then you may be penalized by the court for such actions. So below are given some penalties if you do not pay for the child support.

1. Wages garnishment

This is one of the most common penalties for not paying for child support. If you fail to pay for child support, then the court will contact your workplace. Then they will ask them to deduct some amount from your paycheck.

After that, they will transfer this amount to the custodial parent. Even under the wage garnishment law, the money transferring process can be done very efficiently to the other parent.

2. License suspension

Almost in every territory of Canada, this is a common rule that if you don’t pay for child support, then they will suspense the driving license or any professional license. Every area or territory has its own local agencies that work with child support. They regularly try to provide reports to the motor vehicles division. This is how basically It shows them if they are paying for their child support or not.

3. Punishment or fines

This is not widely common in all territories of Canada. Rather in some territories, the court will charge you some fines for not paying the child support. However, if you fail to pay the child support in the assigned time, then you may need to pay the child support amount with additional fines. Likewise, you also can be changed with another penalty by the court.

4. Postpone in getting a passport

If you do not pay or fail to pay for your child support, then you are most likely not going to get your passport. Because according to Canadian law, this is a crime. So, you would disqualify to get your passport. Likewise, when you try to renew your passport. Your province will prevent you from getting a new passport. This is how getting a passport can be delayed or postponed.

5. Imprisonment

Basically, this is the last step for the payers who do not pay for child support. The jail time for not paying for child support can differ from case to case. Even it can also depend on the jurisprudence of your province. But whenever you are capable of adjusting all the remained child support amount, you will get released by the court.

How to stop child support payments when a child turns 18?

Generally, when your child turns into adult age, you do not have to pay anything for child support. It will stop automatically. You just need to stop paying.

When you are going to pay the child support amount for a long period, you already have an assignment of order. When it is fulfilled, your responsibilities will automatically discontinue.

In some cases, there is some exception too. For instance, when your child is still in school and has not completed their education yet. In this case, you are obliged to continue the child support. Regardless they are turning 18 or not.

Are child support payments taxable?

When people have to deal with child support or custody, this is one of the most common questions among them that are child support payments includes with a tax, or are child support payments tax deductible? There is no clear-cut answer to such a question. Because if you are the one who pays for the child support.

Then there is nothing that will deductible from the child support money. For instance, if you are the one who pays for child support, then the money is not deductible by any means. On the other hand, if you are a payee, then the child support payment is not taxable.

And if you are the payee or the caregiver of your child, then you may need to calculate the gross income in order to fill out the return form of tax. But in that case, you need to exclude all the child support payments from your gross income calculation.

How to calculate child support payments?

In order to calculate the child support payments, you may need to follow a basic standard formula. Almost every court of Canada follows that formula to calculate child support payments. And it is essential to know about the exact amount of payment, not only for the payer but also for the payee.

You can easily find so many calculators on the internet that will help you to figure out the child support payment. On the contrary, almost every province has its unique method in order to calculate this payment. But they always try to evaluate the child support payment by some criteria. These criteria are given in the following.

· Children basic needs

In almost every court, they always prioritize the child’s basic needs. And the child’s basic needs can vary from situation to situation. The court mainly figures out the support amount on the basis of fundamental human needs, such as; accommodation costs, food, clothing, and other necessary costs.

· Living standard

The living standard also plays a huge role in order to calculate the child support payment. Even though sometimes, they do not live any luxurious life then again, the court always considers this factor in the first place. Because the basics needs of an individual can be different from others, so the child support payment also can be different.

· The custodial parent or payee’s income

The court will always concern about the income of the custodial parent and the payer because the custodial parent has a very important role in the child’s life. That is why, if the custodial parent or payee’s income is relatively low, then the child support payment will automatically increase.

On the contrary, the court also considers the payer’s income. If the payer’s earning is low, then the payment amount also will be lower. Because technically, if the payer does not have sufficient earnings to pay, then how will he/she able to pay that amount.

There are also some extra costs or expenses that will fall under the child support custody. For example, your child may need some additional money for medical treatment. In that case, the payment amount will automatically increase. The court always tries to maintain a standard child support payment so that it can be beneficial for both parties, the payer and the custodial parent.

In Conclusion

In the bottom line of this article, you have already come to understand the issues to the following question. Then again, in a nutshell, you may be imprisoned for not paying the child support payment. Because according to Canadian law, it is a criminal offense. So, you need to try your best to pay the child support.

Hopefully, we have found out your answer to the question can you go to jail for not paying child support in Canada from the above writing if you still have any questions or anything regarding this issue. Then you can seek help from any professional. You can also hire a child custody lawyer if you need any additional help in this regard.