Introduction to Child Support and Child Support Guidelines
Parents who remain together throughout their child’s life often share in the expenses of raising them. Parents must provide financial support for their children.
Tailor Law helps families with children needing support by both parents. Canadian families may choose between federal or provincial guidelines.
Which guidelines apply?
If a party has applied for or divorced the federal guidelines for child support apply. The designated provinces include Manitoba, New Brunswick, and Quebec. Divorce agreements are different in provinces depending on where the children live.
Provincial or territorial guidelines apply in Canada, even if you live outside of the province/territory.
Child support from a parent
The degree of legal support that a child can receive from their parents depends on the circumstances of both parties. Under the Divorce Act, the court can require a parent to pay for the support of a “child of the marriage”, which are children parents have together during a marriage, including adopted children, who:
· Are under the age of majority who are still in the care of the parents; or
· Have reached the age of majority but are still in the care of the parents due to illness or disability or other causes (i.e. pursuing reasonable post-secondary education).
Under the Family Law Act where the Ontario Child Support Guidelines apply, every parent has an obligation to provide support to the extent that they are capable of their unmarried child who:
· Is a minor;
· Is enrolled in a full-time program of education; or
· Has an illness or disability and remains in the care of the parent.
A person who has provided support for a child may be liable to provide financial assistance.
How do I know who pays child support?
Determining the type of parenting arrangement is an important step because the type of parenting arrangement parties have can affect the way they calculate child support under the guidelines. There are three types of parenting arrangements, which are laid out below:
· Sole custody parenting arrangements mean that the children spend more than 60 percent of the time with one parent over the course of the year;
· Split custody parenting arrangements mean there is more than one child and each parent has sole custody of at least one child; and
· Shared custody parenting arrangements mean that the children spend at least 40 percent of the time with each parent over the course of the year.
Courts often use the word custody to describe how much time a child spends with each parent.
Depending on the parenting arrangement, one or both parents will need to have their income calculated for child support purposes.
How do the child support guidelines work?
Depending on the location and marital status, guidelines for child support are different. Guideline for child support varies based on each party’s income and the number of children who qualify.
If both parties live in the same province or territory, they must use the child support tables for that province. In Ontario, the child support table is used to determine how much of a cost for children one person owes another.
Tailor Law provides legal support for families who have children that need to be supported by both parents.
If you need help with child support, please call our Family Lawyers for a free consultation. You can reach our office at 905-366-0202 or contact us through our website here.
We highly discourage anyone from seeking out legal advice through this article. This article only provides general information and should you require assistance, please contact us to book a free initial consultation.