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Posts from the ‘Child Support’ Category

I think my spouse is hiding income in order to pay less child support. What can I do?

Child support is based on the total gross income of the payor parent. This means income before taxes are deducted. A parent must disclose detailed financial information to the court regarding their finances. However, in some situations (for example: if they work for cash, are underreporting income, or are not looking for a job despite the fact that they are employable) you may be able to ask the court to impute income to your spouse. This means that you are asking the court to attribute more income earnings to your... MORE »

What if my spouse and I agree on the amount of child support?

Canadian law says that child support is a child’s right, and this right cannot be altered by a parent. Legally, child support must be paid pursuant to the Federal Child Support Guidelines, and you cannot simply agree to a different amount without considering the following:

If the payor parent wishes to pay a smaller amount of child support than outlined by the Guidelines, they must show that they are supporting the child in another way. This substitution must be acceptable to the court, as well as the other parent. This could... MORE »

What do I do if child support isn’t being paid? Can access be refused?

In short, no. Limiting or denying the rights of the other parent is frowned upon by the courts, and should not be done without a court order. The law in Ontario holds that support and access/custody are not linked in this way, and does not look kindly on parents who attempt to exercise “revenge”.

However, if your child’s parent has not made their support payments as outlined in your separation agreement, you have the option of filing it with the family court. The family court will then forward your agreement to... MORE »

Do adult children still receive child support?

In some cases, parents are still required to pay child support for adult children (children over the age of 18).

The determinants of whether child support is still owed for an adult child include the following:

  • if the child is enrolled in full-time education
  • if the child is ill or disabled
  • if the child is unable to support themselves because of extenuating circumstances

In some cases it is unclear whether or not child support should continue to be paid for an adult child. For example, a parent may be required to pay child support during... MORE »

What are the factors that determine child support?

According the Child Support Guidelines, the income of the payor and which parent has custody of the child are the largest determinants of the amount of child support.

First, child support is determined by the amount of total gross income of the payor parent. Gross income is calculated based on the payor parents total income before tax, rather than after tax. The parent who has custody of the child(ren) is referred to as the recipient parent.

After determining the amount of income of the payor parent, a standardized table called the Federal... MORE »