Canadian English: Civil law does not provide for any spousal support obligations between partners who are not married or in a civil union, nor for children of one of the partners.
Marriage creates certain obligations between spouses, but what about common-law partners?
A couple who have lived together in a common-law relationship for several years no longer live together. At the beginning of their relationship, Madame already had a daughter. Monsieur treated this daughter as a true father and treated this child and the son that was to be born from his relationship with Madame in the same way.
Upon the end of their common-law relationship, Monsieur agrees to pay Madame a fixed weekly child support payment for the two children, after having obtained access rights to them. After a few years, Monsieur goes to court to obtain custody of his son. Madame opposes this request and asks for a modification of the child support payments for the two children.
The court specifies that civil law "does not provide for any spousal support obligation between unmarried or civilly united partners or towards the children of one of the partners." The Civil Code of Quebec is clear: "Only spouses and civilly united partners, as well as parents in direct line, owe support.".
However, given the circumstances, the court concludes that Monsieur is bound by his signed commitment at the end of their common-law relationship and that he must continue to pay the fixed weekly child support until Madame's daughter finishes her studies. Monsieur's obligation towards Madame's daughter is not of a legal origin but of a contractual origin, according to the commitment signed at the end of their common-law relationship. By wanting to be generous beyond his legal obligations, Monsieur remains bound by his contract.
If you want to be generous by choice, be careful not to become so out of obligation. It may not necessarily be more expensive, but certainly more unpleasant.
*CA 500-09-014717-045, 2005-05-20
