When a couple separates or divorces, ensuring the child’s financial support becomes essential. The fundamental principle is that a child has the right to a standard of living that reflects the economic reality of both parents. Therefore, determining each parent’s contribution to the child’s expenses is crucial. This contribution takes the form of child support, designed to meet various essential needs of the child. The ultimate goal is to promote the child’s overall well-being and best interests, taking into account their individual circumstances as well as the demands of their development and education.
Child support as a matter of public order
In Quebec, child support is considered a matter of public order. This means it cannot be waived or avoided. In a legal context, any agreement or waiver by the parents is neither valid nor enforceable. A parent’s refusal to pay child support amounts to neglecting their parental responsibilities and failing to provide the necessary financial support for the child’s needs—which is clearly not permitted under the law.
Distinction from family allowances
There is often a misconception that, following a separation, one parent can receive the full amount of family allowances, thus exempting the other parent from paying child support. It’s important to understand that this belief is incorrect. Child support, being a matter of public order, is entirely independent of family allowances.
Family allowances
First, the amount of family allowances is determined based on the custody arrangement and the household income. Therefore, the allowance amount will depend on whether custody is shared or sole, as well as on the parents’ combined income. In Quebec, declaring a shared custody arrangement to government authorities automatically triggers an adjustment to the allowance based on the specific custody setup. Family allowances are part of an administrative process and are completely separate from the judicial system.
Child support
Child support is entirely distinct from family allowances and is provided in addition to them. Furthermore, it is calculated differently. Child support is determined in accordance with Quebec’s model for setting child support payments. It can be established during mediation or through mutual agreement between the parties involved.
Conclusion
In summary, child support is a public law obligation in Quebec and plays a vital role following a separation or divorce. It is entirely separate from family allowances and is governed by a specific calculation model. The main goal is to safeguard the child’s well-being, and its mandatory nature helps ensure this objective is met.
If you have questions about the validity of an agreement made following your separation, feel free to contact us. We’ll be happy to help.