We provide legal counsel for both Child & Spousal Support. These are often the most contentious and stressful issues between former spouses. We are hands-on and attentive to ensure your best interests are protected.
We will help you understand the Guidelines for child support and how they affect your rights and responsibilities. Child support usually continues until the child graduates from high school, but in some cases, it may be extended for a disabled child or for post-secondary education. The final amount of support can vary based on a variety of factors including health care costs, day care expenses, amount of spousal support, education costs, other children in the home or other child support obligations.
The Family Law Act governs child support in Ontario. It is a legal responsibility for parents to support their children financially. If you and the other parent do not live together, by law, you MUST share the costs of caring for your children.
The amount of child support is usually set according to the Child Support Guidelines and is based on your gross income (before taxes and deductions). There are tables in the Child Support Guidelines showing how much support a paying parent might have to pay. The tables are based on the paying parent’s gross annual income and the number of children they have to support.
This amount is set by federal and provincial guidelines. This means that you are not allowed to negotiate the amount of child support, pay less, decline or amend the support amounts.
Support payments will continue until your children are 18 years old or until they complete their post secondary education. If your children live predominantly with one spouse (more than 60% of the time) then you may be entitled to extra child support from the other parent.
The law says that parents are responsible for financially supporting their dependent children. Dependent usually means until the child turns 18 and sometimes longer.
A parent can be a birth parent, a non-birth parent, an adoptive parent, and sometimes a step-parent.
Generally, child support is money paid by the parent that spends the least amount of time with the child to the parent who takes care of the child most of the time. It is used to help cover the costs of caring for the child.
Even if your child spends an equal amount of time with each parent, the parent with the higher income may still have to pay some child support.
You and your partner can try to reach an agreement about child support before going to court. You can use the Child Support Guidelines and the Government of Canada’s child support tables to see how much child support a judge might order.
The tables show the basic monthly amounts of child support to cover expenses like clothes, groceries, and school supplies. It is based on the gross annual income of the payor parent and the number of children they have to support. There is a separate table for each province and territory.
There are other factors that may affect the amount of child support a judge might order. For example:
- special or extraordinary expenses, like daycare that are not covered in the table amount
- the type of parenting arrangement
- undue hardship or financial difficulties that make it very hard for the payor parent to pay child support
- retroactive support with a start date before the date of the court order
- children over the age of majority, which means 18 years old or older
How to calculate child support in Ontario
Child support in Ontario represents an ongoing financial commitment designed to ensure a child maintains a decent standard of living after their parents separate. This child support obligation typically takes the form of a monthly payment, the amount of which is based on a federal government guideline. The parent’s income is a significant consideration in this process, as child support is intended to reflect what would be reasonably needed for the child to thrive.
In some cases, the child support payable may encompass special monthly expenses, such as fees for extracurricular activities or music lessons, which enrich the child’s life.
There isn’t a specific, universally applicable figure for the amount of child support to be paid each month. Instead, the child support order depends on several factors:
- Gross income of each parent
- Table amount support
- Special or extraordinary expenses
- Parenting arrangement
Typically, the parent with whom the children live most of the time is entitled to receive child support. In contrast, the other parent, often referred to as the payor parent, carries the financial responsibility to provide this support.
However, this is not a hard and fast rule. Determining who and how much they should pay is a complex process involving various factors. This procedure falls under family law issues and often requires the involvement of family lawyers or the court.
When Does Child Support End in Ontario?
Child support payments typically end when your child turns 18 or becomes financially independent. However, if they’re still in high school after turning 18, payments must continue until they graduate or turn 19. If the child is disabled and not financially independent, the payments should continue indefinitely.
If the child is still a dependent and enrolled in a post-secondary institution, the obligation to pay child support may continue beyond the age of 18. The extent of the obligation depends on various factors, such as the child’s age, level of education, and financial needs. In some cases, child support may continue beyond the age of 22 if the child has a disability or if they’re unable to support themselves due to illness or other circumstances.
In Ontario, child support doesn’t automatically continue through college or university. However, parents can agree to continue child support payments beyond the age of majority if their child is still financially dependent on them while pursuing post-secondary education. Child support may continue until the child completes their post-secondary education or becomes financially independent. Parents should consult a family lawyer or a family court to determine their legal obligations in their specific circumstances.
Alternatively, the child may apply for financial assistance through the Ontario Student Assistance Program (OSAP) or through other sources. If the child is considered financially independent, child support may cease even if they are still in school.
The child support payments can be reviewed if there is a change in circumstances, such as a loss of income or a change in custody arrangements. Parents and children need to discuss their financial expectations and obligations before making any decisions about child support during post-secondary education. It’s also important to consult a family lawyer to ensure that all legal requirements are met.
To stop child support payments, the payor must file a motion to change with the court or make a written agreement with the recipient. The court will review the motion and determine whether child support should be terminated or varied.
Payors should continue to make payments until a court order or agreement is in place. If the payments stop before the court order or agreement is in place, they may be in arrears and face legal consequences. It is important to seek legal advice and follow the proper process to avoid any legal issues.
Parents can negotiate an agreement that sets out different terms for child support, such as continuing to pay for a child’s education or medical expenses even after they turn 18. Child support obligations cannot be terminated unilaterally. The paying parent must go to court to seek a termination or modification of the support order.