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Posts from the ‘Child Support’ Category

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 »

What information is required for an Ontario Child Support Application?

The parent with the obligation to pay support is always required to provide detailed information about his or her income within 30 days after a support application is made. And if the income of the parent with custody is also to be considered when determining the amount of support, that parent must provide the same information.

After support has been ordered by a court, a parent who was required to provide financial information must update this information at the request of the other parent. But this information cannot be requested more... MORE »

How are basic Ontario child support amounts calculated?

The Child Support Table in the Guidelines sets out the amounts of support to be paid, depending on the “gross income” of the paying parent and the number of children that the support order covers. Gross income means before taxes and most other deductions. The amounts to be paid are based on the average amounts of money that parents at various income levels spend to raise a child.

In simple cases, the table alone will determine how much money will be paid. In more complicated cases, the table is used as... MORE »