Ontario Child Support Lawyers

How Is Child Support Determined in Ontario?

Normally, the parent who is granted primary physical residence of the child is the one who will probably be incurring the daily expenses associated with raising him or her. As a result, that parent may be compensated so to lessen the burden, the impact, and the effect that these expenses could have.

However, the child spends more than 40% or more of his or her time with each parent annually (referred to as “shared custody” or “shared parenting time”), under s. 9 of the Child Support Guidelines the court is to determine the amount of support by taking into account:

• The amounts set out in the applicable tables for each of the spouses;
• The increased costs of shared custody or parenting time arrangements; and
• The conditions, means, needs and other circumstances of each spouse and the child or children for whom support is sought.

Call our Ontario child support lawyers at  (905) 581-7222 for a free consultation! We have offices in Mississauga, Vaughan, Oakville& Markham.

Financial Obligation Towards Children

You should also be aware that all dependent children have a legal right to be financially supported by their parents and the right to benefit from the financial means of their parents. Therefore, if you are a parent who is granted parenting time under the Children’s Law Reform Act or do not have primary parenting time or decision-making responsibility under the Divorce Act, (and there are no special circumstances that must be considered such as undue hardship) you will most likely be required to pay child support.

This financial obligation towards your children continues even if your former spouse remarries or starts to live with someone else.

Much like parenting time/decision-making responsibility issues, there are two Acts that help to establish entitlement to child support and that determine the amount payable:

• The Divorce Act applies to situations where there is a legally married couple who has either divorced or is in the process of getting a divorce.
• The Family Law Act is used to settle disputes about child support between two individuals who are:
  • Not married; or
  • Are legally married and opting to separate as opposed to divorce.

How is Child Support Calculated?

The Federal Child Support Guidelines SOR 97-175 and the provincial Child Support Guidelines O. Reg. 391/97, which are regulations to both the Divorce Act and the Family Law Act, are used to determine the quantum (amount) that is to be paid.

The courts will consider the income of the paying parent together with the number of children and then look to the child support tables found in Schedule I which list the monthly amounts payable based on the information given. The income of the recipient is only required under certain circumstances.

You should note that there is a presumption in the guidelines that the table amounts will always be used, however if there is a reason to deviate from the table amounts then the courts will allow it and order a different amount. Remember that the child support guidelines are law and not simply advisory therefore they will always be considered and applied.

Modifying Child Support Orders

Life circumstances can change, and it's important to know that child support orders are not set in stone. If your financial situation or the needs of your child have changed, you may be able to modify your child support agreement. Our experienced Ontario child support lawyers can help you navigate the legal process of modifying child support orders to ensure that they accurately reflect your current situation.

Reasons for modifying child support orders may include:

• Change in income for either parent
• Change in the child's needs or expenses
• Change in custody arrangements
• Emancipation of the child

Don't hesitate to reach out to our Markham law firm for guidance on modifying child support orders to better meet the needs of your family. 

What If My Ex-Partner Is Not Paying Child Support?

If your ex-partner is not paying child support, it's important to understand that you have legal options to enforce the payments. In Ontario, child support is not just a financial obligation; it's a legal right of the child. When a court orders child support, the paying parent is legally required to make those payments. If they fail to do so, several enforcement mechanisms can be utilized.

If your ex-partner is intentionally avoiding payments by hiding income or assets, or if they have moved out of the province or country, the situation can become more complex. However, Ontario has reciprocal enforcement agreements with other provinces and countries, allowing them to pursue enforcement across borders.

It's also possible to return to court to seek a contempt order against your ex-partner for failing to comply with the child support order. The court can impose additional penalties to compel payment.

In any of these scenarios, having a lawyer on your side can make a significant difference. A lawyer can guide you through the enforcement process, represent you in court if necessary, and ensure that your ex-partner is held accountable for their obligations. If you’re facing challenges with unpaid child support, don’t hesitate to reach out for legal advice to protect your child’s rights.

Understanding the Importance of Child Support Agreements

Establishing a clear and fair child support agreement is crucial for the well-being of your children and your family. A well-structured agreement not only ensures that your child's financial needs are met but also provides a sense of stability and security during a challenging time. Our experienced child support lawyers at Feldstein Family Law Group P.C. are dedicated to helping you navigate this process with compassion and expertise.

Here are some key reasons why having a solid child support agreement is essential:

• Ensures Consistent Financial Support: A formal agreement guarantees that your child receives the necessary financial support consistently, which is vital for their education, healthcare, and overall well-being.
• Reduces Conflict: Clearly defined terms can help minimize disputes between parents, fostering a more cooperative co-parenting relationship.
• Legal Protection: An official child support order provides legal backing, making it easier to enforce payments if necessary.
• Adaptability: Child support agreements can be modified as circumstances change, ensuring that they remain fair and relevant to your family's needs.
• Focus on Your Child's Future: By prioritizing child support, you can focus on providing a nurturing environment for your children, allowing them to thrive emotionally and academically.

At Feldstein Family Law Group P.C., we understand that every family's situation is unique. Our dedicated team is here to help you create a child support agreement that works for you and your children. Contact us today to schedule a consultation and take the first step towards securing your child's future.

Your Child Support Rights & Responsibilities in Toronto and the Surrounding Areas

When the decision to separate or divorce has been made and you and your former spouse/partner have settled any issues regarding parenting time and decision-making responsibility, the next step is to establish the amount payable for child support. This is an important matter to resolve, and having a skilled Ontario child support lawyer on your side can help ensure the preservation of your rights.

Since 1994, Feldstein Family Law Group P.C. has represented families in Toronto Mississauga, Vaughan, Oakville, Markham and throughout Ontario in child support cases. We take pride in delivering quality legal representation in the most complex and challenging divorce and family law matters, including those that involve children. Whether you may be required to pay or entitled to receive child support, our Ontario lawyers can protect your interests.

To Find Out More About This Key Issue, contact an Ontario Child Support Lawyer at (905) 581-7222. Feldstein Family Law Group P.C. is Here To Help You.