selfjustice

Child Support

What is child support?

Child support is the amount of money that one parent pays the other to cover the child’s costs. The payor of child support usually either makes more money, spends less time with the child or spends equal time. The payor is either the birth parent, adoptive parent, non-birth parent or step parent. If someone has acted as a parent then they will pay child support regardless if they are a biological parent. Child support is the right of the child and cannot be forfeited for any reason.

Which two Acts govern child support?

The two Acts that govern child support are the Divorce Act and the Family Law Act. When you get a divorce under the federal Divorce Act, you can make a claim for child support under the Divorce Act. You can make a child support claim under the Family Law Act if you were never married or just want a separation and not a divorce.

With whom does the primary responsibility to support the children lie?

In Ontario, the primary responsibility to support children typically lies with both parents, although the non-custodial parent usually pays support to the custodial parent. This is determined by the Child Support Guidelines, which are based on the non-custodial parent’s income and the number of children.

Under federal jurisdiction, child support is governed by which guidelines? And who do those guidelines apply to?

Under federal jurisdiction, child support is governed by the Federal Child Support Guidelines. These guidelines which are regulations to the Divorce Act apply to children when their parents are getting divorced.  The Child Support Table is the most important feature of these guidelines. It lists the monthly amount based on the number of children and annual gross income.

Under provincial jurisdiction, child support is governed by which guidelines? And who do these guidelines apply to?

In Ontario, child support is governed by Ontario Family Law Act which mirrors the Federal Child Support Guidelines. These guidelines apply to parents who are not married, but are separating and to parents that are married who are not getting divorced.  

What is the Child Support Table?

These are tables that list the monthly support amount you have to pay based on the number of children and a percentage of gross income of the payor. This is the baseline amount of support to which section 7 expenses are added.

Compare the federal and provincial guidelines.

In Ontario, the Ontario Child Support Guidelines mirror the Federal Child Support Guidelines. Family courts apply both Federal and Provincial guidelines in the same manner.  

What is the link to the child support calculator provided by the Department of Justice?

The link to the child support calculator that is provided by the Department of Justice can be found here 

Does marital status affect child support?

Marital status does not affect child support because child support is seen as the right of the child. The Child Support Guidelines in Canada make sure children receive fair financial support after their parents separate. These guidelines create a consistent level of support that parents have to follow even if one parent is not in the child’s life. Furthermore, child support is not only for biological parents, it can also be applied to people who act like a parent to the child, for example, a step-parent. Overall, child support is about the child and not the parents, so marital status does not come into play for child support.    

Which section of the Child Support Guidelines details which information is required to determine child support?

Section 3 of the Child Support Guidelines details which information is required to determine child support.

What information must be supplied for employees?

The required documents that employees must supply to show income are proof of their current income, for example, a copy of your most recent pay slip. The other document is proof of income of the past three years you did your taxes. You can show a copy of your Notices of Assessment for each of the past three years (Ontario 2017). 

What information must be supplied for self-employed ex spouses?

The required documents that a self-employed ex-spouse must supply a copy of financial statements for your business or professional practice for the past three years. Furthermore, you must have a copy of statements that shows wages, benefits, and salaries that are paid to others for the past three years. You must also supply any proof of income from partnerships, corporations, or trusts in the last three years and proof of income received from employment insurance, social insurance, a pension, and any other income in the past three years. 

 What do the child support tables assume about the children?

The tables assume that the children are living at least 60% of the time with the parent receiving child support. 

What are section 7 expenses? 

Section 7 expenses are additional costs that go beyond basic necessities to caring for a child. These expenses would be considered “special” or “extraordinary” child care expenses. For example, it would include medical and dental costs not covered by insurance, educational expenses, and extracurricular activities. 

How are section 7 divided between ex spouses? 

Section 7 expenses are proportionally divided between parents according to income. The parent with the highest income would contribute more. For example, if a parent makes $70,000 and the other parent makes $30,000, then the parent with the highest income would contribute 70% and the other parent with the low income would contribute 30% adding up to 100%.  

Explain how life or health insurance is dealt with.

Parents would usually split the insurance premiums for an insurance policy for the child based on their income. They would also split medical and dental expenses that are not fully covered by the insurance. 

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