Child Support

Dependent children have a legal right to be financially supported by their parents. Child support ensures the financial well-being of children following a separation or divorce and allows them the right to benefit from the financial means of their parents. Both parents have a legal obligation to financially support their children, regardless of the relationship status.

If a parent is granted custody of the child and or children (child custody now referred to as the parent who has primary “parenting time and decision-making responsibility”) in accordance with the Children’s Law Reform Act (CLRA) – will receive child support from the parent who has a limited custodial role to the child in accordance with the Divorce Act (DA). Therefore, child support is paid by the non-custodial parent (the parent that does not have custody of the child) to the custodial parent – to help cover the costs of raising the child. The “custodial parent” or the parent with whom the child primarily physically resides with will be the parent who is incurring the daily expenses of raising that child.

Contrary to popular belief – child support obligations remain even if a former spouse has remarried or lives with someone else.

How Child Support is Calculated

The Federal Child Support Guidelines and the Provincial Child Support Guidelines (i.e. Ontario), in accordance with the Family Law Act and the Divorce Act outline and determine how child support should be calculated and what factors are considered. The Table Amount provides an outline of child support owed based on annual income and number of children. It is important to note that the Table Amounts are a default and are presumed to be used. However, should there be reason or necessity to deviate from the Table Amounts – then the Court will do so.

Important factors taken into consideration:

• Income of both parties
• Number of children in total
• Number of children residing with each parent
• Parenting arrangements and “custody”
• The needs of the children (including special expenses such as childcare costs, medical/dental expenses, extracurricular activities, etc.)

Modifications to Child Support

Child Support Orders can be modified and are not “set in stone” per say. If there are significant changes in circumstances (i.e. financial situation has changed, needs of the child have changed, custody or parenting arrangements have changed, emancipation of the child, etc.), your child support amount may be updated to reflect those changes.

Reach out to our law office to discuss how your child support amounts may have changed or to seek guidance on same.