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How is child maintenance determined?
#1
How is child maintenance determined?

A child is entitled to reasonable maintenance for the essential needs for himself or herself, for example, clothing, housing, food, education and medical care. Both parents have the legal duty to maintain the child according to their respective means

A court will look at the reasonable financial needs of the children involved, bearing in mind the family’s pre-divorce standard of living as it should be kept the same after the separation; then, each parent must provide for the  children according to his or her means (what he or she earns and spends) on a pro-rata (proportional) basis.

Child maintenance is the right of the child, and therefore cannot be bargained away by the parent(s), or reduced by one parent’s decision and is also not tied to parenting time: you are expected to pay child maintenance whether or not you are spending time with your child. The children’s needs take priority over most other expenses.

Moreover, if one or both parents remarry, this has no effect on their parental responsibilities. However, the maintenance order can be changed if a parent loses their job or other circumstances change.

If the two parties fail to reach an agreement, the court will make the final decision about whether the child maintenance arrangement is reasonable for the child.
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