Child support is a payment made by one parent to the other parent to help cover the costs of raising their child. In Ontario, child support is governed by the Federal Child Support Guidelines, which set out the rules for calculating the amount of child support that must be paid.
Here are some things you should know about child support in Ontario:
1. Who is responsible for paying child support?
In Ontario, both parents are responsible for supporting their children financially, regardless of whether they are married, separated, divorced, or never married. The parent who does not have primary custody of the child (the “payor”) is usually responsible for paying child support to the parent who does have primary custody (the “recipient”).
2. How does the court determine the amount of child support?
The amount of child support that must be paid is determined using the Federal Child Support Guidelines. These guidelines take into account the payor’s income, the number of children being supported, and the province in which the payor lives.
To calculate the amount of child support that must be paid, you can use the online Child Support Calculator provided by the Government of Canada. This calculator will provide you with an estimate of the amount of child support that should be paid based on the information you provide.
3. What expenses does child support cover?
Child support is intended to cover the basic expenses of raising a child, such as food, clothing, and shelter. It may also cover other expenses, such as childcare costs and extracurricular activities.
4. Can the amount of child support be changed?
The amount of child support that must be paid can be changed if there is a “material change in circumstances.” This could include a significant change in the payor’s income, a change in the number of children being supported, or a change in the needs of the child.
Either parent can apply to the court to have the amount of child support changed. The court will consider the relevant circumstances and may order a different amount of child support to be paid.
5. What happens if the payor doesn’t pay child support?
If the payor fails to pay the required amount of child support, the recipient can take enforcement action to try to collect the unpaid support. This could include garnishing the payor’s wages, seizing their bank account, or suspending their driver’s license or passport.
6. Is there any way to avoid paying child support?
There is no legal way to avoid paying child support. If you are the payor and you are unable to pay the required amount of child support, you should contact the recipient and try to come to an agreement on a different amount that you can afford. If you are unable to reach an agreement, you can apply to the court for a reduction in the amount of child support that must be paid.
7. Can I get legal help with child support issues?
If you are having difficulty coming to an agreement with the other parent about child support, or if you need help enforcing a child support order, you may want to consider seeking legal advice. A family law lawyer can help you understand your rights and options and can represent you in court if necessary.
Child support is a payment made by one parent to the other to help cover the costs of raising their child. The amount of child support that must be paid is determined using the Federal Child Support Guidelines and can be changed if there is a material change in circumstances. If the payor fails to pay the required amount of child support, the recipient can take enforcement action to try to collect the unpaid support. Legal help may be available for parents who are having difficulty with child support issues. Our experienced family lawyers at Sterling Law are here to support you and we promise to always put your children’s needs first.
