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Posts from the ‘Child Support’ Category

What are the biggest factors affecting amount of child support?

The biggest factors affecting child support are income of the payor and custody of the child.

Child support is calculated by looking at the total gross income of the payor parent. The support recipient parent is the one who has custody of the child. Gross income means that we use that parents before tax income rather than their after tax income.

After the payor’s income is determined then we use a table called the Federal Child Support Guidelines to determine the amount of support that should be paid based on income and... MORE »

My children are adults now. Do I still have to pay support?

Child support payments are required to be made at least until a child reaches the age of 18. However, even if your child is 18 or older there are some circumstances which may extend the period of time during which support must be paid.

Common scenarios in which support must be paid include where a child is enrolled in an education program full-time, has an illness or disability or in some extreme situations where an adult child is simply unable to support themselves.

It is not always totally clear when support must... MORE »

My spouse didn’t make their child support payment. Can I refuse them their access visit?

You can never deny or limit the rights of an access parent without an order of the court. In Ontario the law says that support and custody/access issues are not directly related and one parent cannot obtain “revenge” in this way.

If your spouse has not made their support payment and you have a separation agreement you can file it with the court and who will then forward it to the Family Responsibility Office.

If your spouse has not made their support payment and you have a court order then you can... MORE »

Can I just agree with my spouse on an amount of child support?

Legally you cannot just agree with your spouse on an amount of child support. In Canada our law says that child support is the right of the child and therefore it cannot be given away by a parent. Child support must be paid in the amount stated by the Child Support Guidelines.

If a lessor amount is being paid then the support payor must prove that they are supporting the child in an alternative way which is acceptable to the court and both parties (i.e. paying private school tuition or a... MORE »

When can the court set a child support amount that is different from the table amount?

Special expenses

In addition to the support amount set out in the table, parents who pay support may be required to contribute toward certain added expenses.

These expenses may possibly include:

  • the cost of child care needed for the parent with custody to work or go to school
  • medical and dental insurance premiums for the child, health-related expenses for the child, such as orthodontic, prescription drug, therapy, or hearing aid costs
  • special expenses for a school or educational program to meet the child’s particular needs
  • expenses for post-secondary education for the child, and
  • special expenses for the... MORE »