In Ontario, both parents have an obligation to provide financial support for their child/children. When a parent pays child support, it plays a crucial role in securing the financial well-being of their child/children despite the challenges that may arise from a divorce or separation. The primary goal is to ensure children continue to receive the financial support they need to maintain their needs and standard of living.
The parent who does not have primary residence of the child/children is generally responsible for making child support payments in accordance with the Child Support Guidelines (“The Guidelines”). However, in cases where parenting time is shared equally (50/50 basis), child support payments are calculated based on the specific circumstances. Typically, the parent with the higher income is required to pay a “set-off” amount to the other parent to balance the financial responsibilities.
When arranging child support, open communication between both parents is highly encouraged. It is always best to first try to resolve child support matters outside of court with the assistance of a child support lawyer. A cooperative approach can lead to a smoother agreement, reducing potential conflicts and legal complications. If parents share parenting time, the child support payments may be lower, as both parents contribute more directly to the child’s needs.
Child support arrangements can be settled in various ways:
- Mutual Negotiation: Parents may agree on child support terms independently. If the parties do not agree, the matter can be settled by taking the matter to court and obtaining a court order.
- Direct Payments: One parent makes direct payments to the other based on an agreed-upon amount, Child Support Guidelines or a court order.
- Family Responsibility Office (FRO): Payments can be managed through the FRO, ensuring accountability and consistency in financial support. The Family Responsibility Office will only enforce court orders or written agreements.
In most cases, child support payments follow the Child Support Guidelines. There are two factors:
1. Monthly Amount: The quantum of child support payable is based on a “table amount” which is calculated by the payor’s income and the number of children they have under the age of majority.
2. Special or Extraordinary Expenses (Section 7 Expenses): Additional costs beyond the basic support amount, including expenses for medical and dental needs, extracurricular activities, daycare, or post-secondary education.
It is the parent’s responsibility to pay child support for as long as their child remains a dependent. When a child reaches the age of majority, which in Ontario is 18, support payments may end. However, this can vary based on several components, such as disability, continued education or special circumstances requiring extended financial support.
If you make more than $150,000.00, the Court has discretion under section 4 of the Guidelines to increase or decrease the table amount of child support.
Conclusion
Child support is an essential aspect of co-parenting after separation or divorce, ensuring that child/children receive the necessary financial support for their well-being. While legal guidelines provide a framework, parents are encouraged to maintain open communication and cooperation when determining child support arrangements. Understanding the structure of child support and available options can help create a fair and sustainable financial plan for all parties involved.
Due to the different scenarios involved with child support and to ensure that you are paying the correct amount of support, including special and extraordinary expenses, it is very important that you seek advice from a Family law lawyer.
At Dad Law, we are committed to guiding fathers through every step, ensuring they understand both their rights and responsibilities. Our experienced family law team in Mississauga, Brampton, and the surrounding GTA provides the clarity and support you need to protect your children’s best interests while securing a fair outcome.
Contact Dad Law, your child support lawyer in Mississauga, to schedule a consultation. We’re here to help you address child support matters with confidence and compassion, offering personalized legal strategies that fit your unique circumstances. Together, we’ll work toward a resolution that safeguards your parental bond and promotes a stable financial foundation for your family’s future.
