When the decision to separate or divorce has been made and you and your former spouse/partner have settled any issues regarding custody and access, the next step is to establish the amount payable for child support. This is an important matter to resolve, and having a skilled Ontario divorce lawyer on your side can help ensure the preservation of your rights.
Since 1994, Feldstein Family Law Group P.C. has represented families across Mississauga, Vaughan, Oakville, Markham, and throughout Ontario. We take pride in delivering quality legal representation in the most complex and challenging family law matters, including those that involve children. Whether you may be required to pay or entitled to receive child support, our lawyers can protect your interests.
For a free consultation regarding your child support case, call (905) 581-7222.
How Is Child Support Established?
Normally, the parent who is granted primary physical residence of the child is the one who will probably be incurring the daily expenses associated with raising him or her. As a result, that parent may be compensated so to lessen the burden, the impact, and the effect that these expenses could have.
You should also be aware that all dependent children have a legal right to be financially supported by their parents and the right to benefit from the financial means of their parents. Therefore, if you are an access parent (and there are no special circumstances that must be considered such as undue hardship) you will most likely be required to pay child support. This financial obligation towards your children continues even if your former spouse remarries or starts to live with someone else.
Much like custody/access issues, there are two Acts that help to establish entitlement to child support and that determine the amount payable:
- The Divorce Act applies to situations where there is a legally married couple who has either divorced or is in the process of getting a divorce.
The Family Law Act is used to settle disputes about child support between
two individuals who are:
- Not married; or
- Are legally married and opting to separate as opposed to divorce.
Calculating Child Support
The Federal Child Support Guidelines SOR 97-175 and the provincial Child Support Guidelines O. Reg. 391/97, which are regulations to both the Divorce Act and the Family Law Act, are used to determine the quantum (amount) that is to be paid.
The courts will consider the income of the paying parent together with the number of children and then look to the Tables found in Schedule I which list the monthly amounts payable based on the information given. The income of the recipient is only required under certain circumstances.
You should note that there is a presumption in the guidelines that the table amounts will always be used, however if there is a reason to deviate from the table amounts then the courts will allow it and order a different amount. Remember that the guidelines are law and not simply advisory therefore they will always be considered and applied.
To find out more about this key issue, call an Ontario child support lawyer at (905) 581-7222. Feldstein Family Law Group P.C. is here to help you.