After separation and divorce, and once it is decided with which parent a child or children will primarily reside with, the issue of child support arises. Although it may seem straightforward to determine child support by the simple application of the Guidelines, various issues may arise which can impact the general “rules” of child support pursuant to the Guidelines and give rise to certain exceptions.
At Kain & Ball, our child support lawyers Erin Mills understand the child support Guidelines and have extensive experience in dealing with such issues and exceptions. Our Toronto and Mississauga family law services range from simple to the most contested matters. We understand that each of our clients is different, and their needs vary from case to case.
We’re in your corner. Our Child Support Lawyers in Erin Mills have helped hundreds of clients navigate and understand their child support obligations.
Child Support Obligations in Erin Mills
Child Support helps provide financial assistance for a child’s basic needs and living expenses. Therefore, support payments may include things such as housing, food, clothing and medical care.
Child support is the amount of money that one parent pays to the other parent to help pay for the costs of caring for the child. Usually, the “payor parent” either spends less time with the children or, if they spend an equal amount of time with the children, makes more money.
Calculate Child Support Payments in Ontario
The Child Support Guidelines in Canada help determine payments. They are a set of rules and tables of amounts enacted to provide some certainty concerning the financial support of children. Generally, the parent with whom the child resides primarily is the recipient of the child support payments.
In addition to the basic child support amount, an additional amount may be payable for the unique expenses of the children. These extraordinary expenses are set out in section 7 of the child support Guidelines and may include costs such as uninsured medical and dental expenses and post-secondary education expenses, and daycare.
The basic amount of child support payable is set out in the tables of the Guidelines and uses the income of the payor parent to determine the final payment. The income of the recipient parent is not taken into account in setting child support payments. Generally, the parent with whom the child resides primarily is the recipient of the child support payments.
The Department of Justice has a useful online tool to calculate child support obligations in simple situations where the child(ren) resides primarily with one parent (i.e., over 60% of the time over the course of a year).
Understanding Child Support Guidelines in Canada
The Child Support Guidelines in Canada set up a reasonable standard of financial support for children after their parents separate and supply consistency around the financial support level. They legally bind parents and cannot be “negotiated away” (i.e., an agreement that one parent will have no contact with a child and therefore not have to pay child support is legally unenforceable). Child support is the “right of the child” and not the right of the parent receiving child support (i.e., commonly referred to as the “recipient” of child support), even if it is the parent coming to court to claim child support.
The Child Support Guidelines apply not only to the biological parents of children but also individuals who stand “in loco parentis” (meaning “in the place of” a parent). There can be multiple child support payors for the same child (e.g., the biological parent, a step-parent, etc.).
Choose the Best Child Support Lawyer in Erin Mills
Retaining the best legal team for you is an important decision. It’s essential for you to feel a connection with the lawyer you are choosing. Every person is different; for some people, it’s based on personality; for others, it’s experience. Overall, you want to choose someone knowledgeable and honest.
Good counsel provides professional advice, specifically catered to their client’s family constellations, financial circumstances, values, and personalities. At Kain Family Law, we match you with a Child Support Lawyer Erin Mills best suited to your needs based on the information provided to us in your intake form. For more information on separation and divorce, we’ve developed an in-depth look to understand the Child Support Guidelines in Canada.
Kain Family Law is Erin Mills’ Top Law Firm
Kain & Ball was founded by Anita T. Kain and David R. Ball, two veteran Bay Street lawyers with the shared vision of providing the very best legal advice and representation to family law clients. Kain & Ball opened its doors in 1993 with this mandate and has continued to grow over the years. In the transformations and expansions that our firm has undergone in the years that have passed, one thing remains constant and always will: our commitment to our clients.
We strive to understand your needs and develop solutions that you can live with. We are straightforward about fees to ensure no surprises. Our premise in doing business is simple: treat others as we would like to be treated. By living our philosophy, and building our knowledge base, we’ve established a strong reputation based on mutual success.
Our qualified team of family lawyers in Erin Mills has dealt with a wide range of cases including child support, divorce and separation, spousal support, division of property, litigation services, mediation services and other marriage contracts. We have the skills, knowledge, and experience to ensure a fair child support arrangement for you and your family.
To book a free 30-minute free consultation family lawyer in Erin Mills, contact us at 1-855-773-4588 or e-mail us at contact@kainfamilylaw.com