Family Justice


Basics of Family Law

Child Support

What is child support? Who has to pay it?

Child support is the legal right of a child to receive financial support from his or her parents. That right exists whether or not the child's parents were ever married and whether or not they ever lived together. That right continues until the child turns 19 years old. If the child is still dependent at age 19 or older - owing to illness or disability, or because the child is still in school, for example - then the right to financial support will continue.

Usually, if one parent has primary responsibility for day-to-day care (also known as custody), the other parent pays child support. This does not mean, however, that the parent with custody pays nothing.

Under family law, the parent with custody is also responsible for contributing to the costs of raising the child. However, because the parent with custody and the child live together, their costs are inter-related - any money the parent with custody spends on the household will also benefit the child - while the contribution made by the other parent is specifically "child support."

(Please note: Under the law, a step-parent may also be considered responsible for paying child support.)