At Clark Woods LLP, we regularly break down legal questions that come up in real life — and in real conversations with our clients. In this post, we ask: Does my spouse still have to pay child support to me if he already pays child support for children from a previous relationship?
The short answer is yes—in most cases, your spouse still has a legal obligation to pay child support for each child they are responsible for, even if they are already paying support for children from a previous relationship.
In British Columbia, child support is considered the legal right of the child, not the parent. This means that every child is entitled to support based on the Federal Child Support Guidelines, regardless of how many children a parent may already be supporting. The fact that your spouse is paying child support for other children does not automatically reduce or eliminate their obligation to support additional children.
Federal Child Support Guidelines
However, the amount of support (often referred to as the “quantum” of support) may be affected by various factors. One of those factors is found in Section 10 of the Federal Child Support Guidelines, which allows a parent to make a claim of “undue hardship.”
A claim of undue hardship may be made if a parent believes that their current financial obligations—such as existing child support payments—make it difficult or impossible to meet new child support responsibilities. It’s important to note, though, that undue hardship is a difficult argument to succeed with, as courts generally prioritize the child’s right to receive support.
If you’re navigating a complex child support situation and would like more information—or if you’d like to book a consultation with one of our experienced family lawyers—we’d be happy to assist you.
Need help with a family law matter? Contact Clark Woods LLP today to speak with an experienced family law lawyer.
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