Toronto Family Lawyers Representing Families with Child Support
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 family lawyers experienced in child support cases are dedicated to facilitating fair arrangements that are legally compliant and focused on the best interests of your children.
Determining Child Support
Child support in Ontario is determined based on the Federal Child Support Guidelines, which consider factors such as the income of both parents, the number of children, and the parenting arrangements. These guidelines help maintain fairness and consistency in 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. Our family lawyers at DSF assist you in understanding these guidelines, thoroughly reviewing all relevant financial information so that the support amount reflects the true needs of your children.
Changing Child Support Orders
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 lawyers at DSF can help you understand the process and 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.
Enforcing Child Support Orders
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. Our lawyers at DSF are experienced in handling enforcement actions, working diligently to ensure that support payments are made as ordered. We can assist in filing motions to enforce support, garnishing wages, or taking other legal actions so that your children receive the financial support they deserve.
Why Choose DSF for Child Support Cases
When dealing with child support matters, you need a legal team that combines expertise with a personal touch. At DSF, we offer:
- In-Depth Knowledge: Our lawyers possess extensive experience in child support law and stay updated on the latest legal developments. We understand the nuances of the law and how to apply them effectively in each unique case.
- Customized Solutions: We tailor our strategies to fit the unique circumstances of your case, ensuring the best possible outcome for your family. Whether through negotiation or litigation, we work to find the most effective approach for your situation.
- Effective Representation: We advocate strongly on your behalf, whether in negotiations or court proceedings. Our goal is to ensure that your rights and the needs of your children are fully protected.
- Transparent Communication: We keep you informed and involved at every stage, providing clear and timely updates. We believe in building a strong attorney-client relationship based on trust and open communication.
- Successful Track Record: Our history of favorable resolutions in child support cases speaks to our commitment and capability. We have helped numerous families achieve fair and equitable support arrangements.
We have 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 to guide you through the complexities of child support, advocating for a fair and equitable resolution for your family.
Child Support FAQs
Pursuant to subsection 31(1) of the FLA, child support continues so long as the child is:
- a minor;
- If your child is still in high school when they turn 18 years old and are not financially independent, then payments must continue until they turn 19 years old or graduate high school.
- is enrolled in a full-time education program; or
- If your child is enrolled in full-time post-secondary education, child support can continue until the earlier of when the child completes their first undergraduate degree or turns 22 years old.
- is unable by reason of illness, disability, or other cause to withdraw from their parent’s care.
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:
- the “table amount” of child support that would be owed by each parent if the other parent had the majority of parenting time;
- the increased costs of a shared custody arrangement; and
- the condition, means, needs, and other circumstances of each parent and child.
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:
- Shared Parenting Arrangements: as the calculation of child support in shared parenting arrangements includes the cost of shared custody arrangements and the conditions, means, and needs of each spouse and child, your spouse’s income may be relevant.
- Undue Hardship Claims: If a parent makes a claim of undue hardship, then the household income of each parent is compared, including that of the parent’s spouse.
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.
