Failure to pay child support is not only a legal issue, but also an immigration issue that can seriously affect your chances of obtaining Canadian permanent residency (PR).
While in most cases, failure to pay child support is considered as a civil offence, however under special circumstances it can become a criminal offence, making this issue of particular importance to Canadian immigration authorities.
‼Failure to Pay Child Support in Canada: A Civil Liability or a Criminal Offence?
In Canada, failure to pay child support ordered by a court is primarily considered as a civil offence.
Provinces can use many levers of pressure on malicious defaulters, such as:
Salary withholding (withholding funds from income).
Confiscation of assets (e.g. seizure of property).
Suspension of driving license or passport.
Interception of federal payments (e.g. tax refunds or pensions).
However, in rare and extreme cases, failure to pay child support can escalate into a criminal offense (!!!).
This occurs if the debtor deliberately and systematically evades compliance with the court order.
Possible criminal consequences may include:
Contempt of Court: Willful disregard of a court order for child support may be classified as a criminal contempt of court
Criminal Negligence (section 215 of the Criminal Code of Canada): If failure to pay child support results in a child being deprived of essential needs (e.g. food, shelter, health care), it may be considered as a failure to provide for the child.
Punishment under this section can result in up to two years in prison, but such cases are rare and require evidence of willful neglect.
Criminal charges are a last resort, and they are used only if civil measures have failed and the debtor has demonstrated a clear intent to avoid their obligations.
However, even without the criminal status, failure to pay child support is considered as a serious "red flag" by Canada when reviewing applications.
Why does Canada take child support failure so seriously?
Canadian immigration authorities carefully screen candidates for permanent residence to ensure their integrity and moral standards.
Failure to pay child support, even if not classified as a criminal offence, raises suspicion for several reasons:
1.Potential Criminal Liability: As stated above, in Canada, failure to pay can escalate into a criminal charge under Section 215 of the Criminal Code or as the contempt of court. Any criminal charge will automatically invalidate your stay in Canada.
2.International Databases: Many countries (e.g., the US, Israel, Australia) have publicly available databases of child support debtors. Canada actively uses international agreements, such as the Hague Child Support Convention, to access such databases. If you are listed in such a database (e.g., the US Deadbeat Parents Punishment Act registry), this may be revealed during a background check.
3.Moral aspect
4.Risk of misrepresentation: Failure to disclose the debts on child support is considered as misrepresentation, which is a serious violation of the immigration law and can result in denial of a permanent residence and a ban on applying for permanent residence for five years.
Why is this important if non-payment is not a crime? Even if alimony debts are not classified as a criminal offense, concealing them is already interpreted as an attempt of deceival.
Oleksandra Melnykova, Immigration and Refugee Consultant in Canada.
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