The well-being of your children should remain unaffected by the separation or divorce of their parents. At Devry Smith Frank LLP (DSF), we understand the concerns parents have regarding child support. One parent may worry about paying too much, while the other fears receiving too little. Our experienced child support lawyers are dedicated to facilitating fair arrangements that are legally compliant and focused on the best interests of your children.
Child support laws in Ontario are based on the Federal Child Support Guidelines, which provide a standardized approach to determining how much child support one parent should pay to the other after separation or divorce. These guidelines consider factors such as the income of both parents, the number of children, and the parenting arrangements which help maintain fairness and consistency in determining child support amounts. The guidelines are designed to cover the basic needs of the child, including housing, food, clothing, and education. However, they also allow for additional expenses, known as “special or extraordinary expenses,” which may include medical costs, extracurricular activities, and other necessary expenditures. This is outlined in Section 9 of the Child Support Guidelines which specifically deals with the inclusion of special or extraordinary expenses beyond the basic child support amount. At DSF, you can be assured that an expert child support attorney will assist you in understanding and enforcing these guidelines, thoroughly reviewing all relevant financial information so that the support amount reflects the true needs of your children.
Over time, circumstances can change, and existing child support orders may need to be modified. Changes in income, custody arrangements, or the child’s needs can all be valid reasons to request a modification. For example, if a parent loses their job or receives a significant increase in income, the child support order may need to be adjusted accordingly. Similarly, if the child’s needs change due to health issues or changes in educational requirements, these factors must be considered. Our child support and custody lawyers
at DSF understand the process and can represent you in court to adjust the support order appropriately. This helps maintain that the child support arrangement continues to meet the needs of your children and reflects your current situation.
Complying with child support orders is crucial for the well-being of your children. If a parent fails to meet their child support obligations, legal enforcement may be necessary. Non-payment of child support can lead to significant financial hardship for the custodial parent and the child. Enforcement actions may include wage garnishment, seizure of tax refunds, and even suspension of driver’s licenses or passports. At DSF, an experienced child support lawyer can assist in handling enforcement actions, working diligently to ensure that support payments are made as ordered. Our lawyers can represent you in child support litigation and assist in filing motions to enforce support, garnishing wages, or taking other legal actions so that your children receive the financial support they deserve.
When dealing with child support matters, you need a legal team that combines expertise with a personal touch. At DSF, we offer:
We offer child support lawyer consultation in multiple convenient locations in Toronto, Whitby, Barrie, and other areas to better serve our clients. Find the nearest office by calling 416-449-1400 or visiting our locations page. Trust DSF and our Toronto child support lawyers to guide you toward a fair and equitable resolution for your family.
Pursuant to subsection 31(1) of the FLA, child support continues so long as the child is:
If your child is disabled, then your support obligations may continue indefinitely.
In general, both parents must agree on Section 7 expenses to be included in a separation agreement. However, if you have already filed a separation agreement with the court or have received a court order which includes Section 7 expenses, then you or your spouse are required to comply with the agreement or order and pay the expenses.
If you are the party seeking contributions to Section 7 expenses from your former spouse, then you bear the onus of showing that the proposed expense qualifies as a Section 7 expense.
Section 9 of the Ontario Child Support Guidelines state that a parent has a shared custody agreement if a child spends at least 40% of their time with each parent. Child support is a “set-off” amount calculated by taking into account the following factors:
Child support often consists of the difference between the table amount of support for each parent, plus any additional costs as a result of the arrangement, payable to the spouse with a lower income. For instance, see the following example:
Greg and Susan have one child. Susan makes $80,000 per year and Greg makes $35,000 per year. Accordingly, Susan’s table amount of child support would be $719 per month and Greg’s table amount of child support would be $325 per month. The differences between the two amounts is $394. If the parties agree that it would be reasonable for Susan to pay Greg an additional $30 per month to cover additional expenses because Susan has a higher income, then Susan would owe Greg $424 in child support every month.
It depends. You do not have to be the biological or legal parent of a child to have support obligations under the Divorce Act or Family Law Act in Ontario. Under subsection 2(1) of the Divorce Act, a “child of the marriage” that a spouse may owe support for includes children for which a spouse “stands in the place of a parent.” Likewise, under subsection 1(1) of the Family Law Act, a child includes “a person whom a parent has demonstrated a settled intention to treat as a child of his or her family.” If courts determine that a step-parent stood in the place of a parent, or demonstrated a settled intention to treat a child as their own, then they may incur support obligations following the end of their relationship with the child’s parent. The fact that a biological parent is already paying support for that same child does not relieve a step-parent of their obligation.
Retroactive child support can go back to the date that the payee parent gave the payor parent effective notice of the child support order; however, courts often limit retroactive support to the past three years. Nevertheless, courts have ordered retroactive support further back than the past three years under exceptional circumstances, such as misconduct and dishonesty from the payor parent.
No. Child support is based on the income of the child’s biological or legal parents, not their parents’ partners. However, your spouse’s income may be relevant to child support in the following circumstances:
If you do not pay child support, then the Family Responsibility Office (FRO) can step in to enforce payments. The FRO has a number of measures available to them, including garnishing your wages or bank accounts, suspending your driver’s license and passport, and registering a lien against your personal property.
If you cannot afford your child support payments, then you can make an application under section 10 of the Ontario Child Support Guidelines to alter the amount on the grounds of undue hardship. Circumstances that may constitute undue hardship include high debts, high expenses associating with exercising visitation or access with child, and a legal obligation to financially support another person.
By submitting this form I acknowledge that my meeting today does not mean that Devry Smith Frank LLP (“DSF”) is acting as my lawyers. I direct DSF to take no steps with respect to my matter until I have provided a monetary and written retainer, as acceptable to DSF. I may sign a retainer agreement and provide a monetary retainer (other than the consult fee) today. If I do not, I know that I can contact Devry Smith Frank LLP in the future to inquire about retaining the firm.
B.ASC, J.D
416-446-5837
416-446-5837
katelyn.bell@devrylaw.ca
LLB, HONS.BA
249-888-4639
249-888-4639
jillian.bowman@devrylaw.ca
B.A., J.D
249-888-6641
249-888-6641
kenna.bromley@devrylaw.ca
B.SC., J.D
416-446-4035
416-446-4035
timothy.deeth@devrylaw.ca
B.SC., L.L.B.
416-446-3312
416-446-3312
jennifer.howard@devrylaw.ca
B.A., LL.B.
416-446-5866
416-446-5866
diana.solomon@devrylaw.ca
By submitting this form I acknowledge that my meeting today does not mean that Devry Smith Frank LLP (“DSF”) is acting as my lawyers. I direct DSF to take no steps with respect to my matter until I have provided a monetary and written retainer, as acceptable to DSF. I may sign a retainer agreement and provide a monetary retainer (other than the consult fee) today. If I do not, I know that I can contact Devry Smith Frank LLP in the future to inquire about retaining the firm.