Child support is the amount a parent (payor) pays to another parent (recipient) to support their child/ren financially after a separation. Children have a legal right to financial support from both parents from the time they are born. Parents have the legal responsibility to provide this support. Whether the parties were never married to each other, or the separation/divorce is ongoing does not change the party’s obligation. In Ontario, the court will calculate child support under the Child Support Guidelines, regardless of whether the court is making a final order or interim order. These guidelines create predictability, equity, and transparency for the courts in finalizing appropriate child support amounts for families in relevant circumstances.
According to the Guidelines, support is generally determined by the parties’ annual income (line 150), number of children, and parenting time arrangements. However, other contributing factors could be at play, depending on the situation. The calculation is often referred to as the “Table amount” because the Child Support Guidelines includes a table that lists the amount to be paid based on these factors. While parents may set an arrangement to deviate from the Table amount, the courts are likely to rule in favor of the Table amount and may refuse to grant a divorce if they are not satisfied that reasonable arrangements have been made for the continued financial support of the children.
Alternatively, the court has the power to “impute” income if it believes the payor is intentionally unemployed or underemployed, and therefore should be earning additional income for child support purposes. For a parent who exhibits an annual income over $150,000, the court has the discretion to depart from the Table amount according to section 4 of the Child Support Guidelines. However, a 1999 Supreme Court case stated that there is a strong presumption in favor of using the Table amount for all income over $150,000, and that the support payor will have to show that the Table amount would be unsuitable for the court to deviate from it.
The payment of child support ends at the time stated in the order or agreement or at such time that a child is no longer considered dependent. This may be after the completion of a post-graduate degree or upon obtaining full-time employment. If the child suffers from a disability and cannot be employed, support may be continued even after the age of 18.
The counsel of an experienced family lawyer will be able to provide invaluable assistance as every case has its own unique set of facts and circumstances. At Blackburn Lawyers, we strive to help you reach agreements in a professional manner while keeping the best interests of your child in mind. If you or a loved one has any questions about child support in your family law matter, contact our lawyers today.
Disclaimer: This blog sets out a variety of information relating to the law that is to be used for educational purposes and is not legal advice for your particular situation. The author(s) of this blog do not intent the blog to be a source of legal advice.
Written by Adriana Totera
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
