In S. (D.B.) v. G. (S.R.), 2006 SCC 37, the Supreme Court of Canada outlined the basic principles that create the obligation to pay child support as follows: (1) child support is the right of the child; (2) the right to support survives the breakdown of a child’s parents’ marriage; (3) child support should, as much as possible, provide children with the same standard of living they enjoyed when their parents were together; and (4) the specific amounts of child support owed will vary based on the income of the payor parent.
A parent may also make a claim for child support in his or her Notice of Family Claim. If a parent does not bring an application for an order for child support, this does not excuse the other parent from paying child support, as child support belongs to the child.
If you are not receiving child support, there are several ways to try to secure it without applying to court. A court application is generally your last resort.
If you have children who do not primarily reside with you, in almost all cases, you must pay child support to your ex-spouse.