Contact a lawyer now

Family Lawyer Winnipeg Blog

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

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

“Can you go to jail for not paying child support in Canada” depends on the judge’s decision. And the decision also varies from province to province. But both the custodial parent and the payor need to pay the child support according to their income range.

The judge will decide the appropriate amount through the child support calculator. So, it is essential to communicate with an experienced family lawyer if you need any suggestions or want to get the case solve by him.

Take a moment to be here and know about everything related to child support.

Can You Go to Jail for Not Paying Child Support in Canada

To be accurate, not to pay support to your child is very unfair. Moreover, it is also a crime as you are disrespecting the decision of the court. It is also possible that you will have to go to jail for this specific deed.

In Canada, there are about 1.2 million divorced couples who have a child. So, all those numbers of children need to be given child support to live a standard life. If you are even talking about spousal and child support’s priority level, you need to pay the child support first.

Below are some disadvantages regarding not paying “child support payments in Alberta.”

Wage Garnishment

According to the “Judgement and Wage Garnishment” instruction, the court has the right to contact your workplace owner for substracting a share of your salary. And then it needs to be given to the parent who has custody of your child.

Seizing Assets and Bank Accounts

Even if after deducting the wage garnishment, the child support is not covered, then the court can order to seize your valuable assets like your home, vehicles, along bank accounts.

Driving License Suspension

Canada has a rule like your driving license along with professional, occupational, or business licenses will get suspended if you do not pay child support.

Moreover, regular reports from the local child support organizations are sent to the “Division of Motor Vehicle” to understand better whether he is paying child support timely or not.

Charges and Punishments

The punishment of not paying child support depends on the province you are living in. And in some areas, you need to pay fines with child support if you delay it often.

Passport Rejection

The passport will get rejected if the parents do not pay child support. Therefore, in the province they are living will not allow them to obtain or renew the passport.

Military Service Dismissal

The parents who are separated and have a child and give services to Canada’s military; will get fired from their job for not paying child support regularly.

Prison Time

Going to jail is the final step for not paying child support for a long time. And the time of the punishment will vary from judge to judge. But after paying all the dues with the fine, you will be adjourned from imprisonment.

How to Stop Child Support Payments When Child Turns 18

Generally, child support stops without any concern when the child turns 18. But there might be some particular case on which the child support will continue. For example, if the child still has not completed his education, unemployed, physically and mentally unwell, and so forth.

Other than that, you can just discontinue giving for child support as you are already paying it for an extended period.

Are child support payments Taxable

The most asked question among the parents who pay child support is, “are child support payments tax deductible or taxable?” Therefore, the answer from the payer’s perspective is, no penny can be deductible from the child support’s amount.

Furthermore, the child support payment is neither the payee’s taxable income nor the payer’s deductible. So, you can deduct the child support amount from your annual income for calculating your tax return.

Child Support Payments Calculator

As you provide child support to your child, you might be curious to know how to calculate child support payments. Moreover, there are many online calculators to know the sum, which is essential to understand for both the payor and the custodial parents. Here are some of the principles that every province evaluates.

Child’s Requirements

The first and foremost condition is to fulfill the requirements of the child. The amount of money needed for basic human needs like food, cloth, education, and others is calculated by the court very effectively.

Child’s Standard of Living

As long as the child’s standard of living will be good but not necessarily luxurious, he will be able to live a perfect life. Therefore, the payment will also vary.

Payer’s Income

Payer’s income is the most important thing to consider as he/she is primarily responsible for paying the child support. Therefore, if the payer earns a handsome amount of money, he needs to give more child support. But if he makes less, he will be ordered to pay less.

Custodial Parent’s Income

This is not true that only the child support payer’s income will be taken into consideration. The custodial parent also needs to pay, according to the range of his/her wages.

Supplementary Expenses

There are obviously some extra expenses. Your child might become sick, and for the treatment, he needs to go to the doctor and buy the required medicines. Other than that, he might also need to do some shopping for any program. So, according to that, the expenses will increase.

The Bottom Line

It is the utmost duty of the parents to look after their children even after they have broken up with their partner. The Canadian government is very much concerned about the child support matter. You may also suffer a lot, like losing your property and bank accounts for not paying child support regularly.

However, you have already got the answer to Can you go to jail for not paying child support in Canada. So, be careful, and you can better mark the dates on your phone’s calendar to get a reminder.