BAKER & BAKER

         Family Lawyers

During your thirty minute complimentary consultation you will receive a free copy of the Ontario Divorce Handbook by Donald S. Baker, LL.B.

 

We ensure that all your questions are answered.

Baker & Baker

1176 Yonge Street

2nd Floor

Toronto, Ontario

M4W 2L9

dbaker@bakerandbakerlaw.com

 

Child Support in Ontario

 

We identify with the importance for your family to ensure you are paying or receiving the appropriate amount of child support required by law for your children.  Child support is the amount of money paid by one parent to the other for the care and upbringing of dependent children.  A parent or step-parent may be obligated to pay child support even if they were not married to the other parent.  

 

 

 

 

                                   

The amount of child support payable, as established by the federal government, is determined by the custody arrangement, number of children, payor’s annual income in Ontario.

 

Child support may vary annually based on the payor’s income.  Comprehensive information, child support lookup tables and a related workbook is available at Federal Child Support Guidelines. Additional criteria affecting the amount of child support to be paid in Ontario contrary to the federal tables include:

• Children of common law relationships

• Step children

• Incomes over $150,000

• Financial hardship and tax credit calculations

• Shared and split parenting arrangements

At Baker and Baker we make certain that all the additional considerations you should be made aware relating to child support are reviewed to ensure the child support amount is remedied.   

 

Child Support Enforcement

 

The Family Responsibility Office is a government organization that monitors and enforces court ordered child support payments.  Enforcement action details and additional services offered by the Family Responsibility Office are accessible at Family Responsibility Office. 

 

Extraordinary Expenses

 

In addition to child support, additional provisions for childcare, education and special expenses are available as determined in the Child Support Guidelines, these include:

• Child care expenses

• Medical and dental expenses premiums attributable to the child

• Special or post secondary education

• Extra-curricular expenses

These additional costs are calculated on a pro-rated basis of the parent’s incomes.  Applicable tax deductions may apply for child care expenses and extra curricular sports activities which at detailed at extraordinary expenses (section 7). 

 

Income Verification

 

Income, for the purpose of child support, is based on line 150 of an individual’s income tax return and notice of assessment. If the payor’s income varies significantly each year, either increasing of decreasing, the court may determine the payor’s income by averaging the past three year’s income.

 

There are also instructions set out to calculate the income of self-employed individuals and guidelines for imputing income under certain circumstances which can be reviewed at sections 19 and 21 of the Guidelines.

 

In Ontario, the request for income information must be made in writing and may be made only once a year.

 

Reduction in Child Support

 

The guideline amount of child support may be reduced when:

• There is a claim for hardship variation or a shared or split custody and access arrangement.
• One party suffers financial hardship, a high expenditure to exercise access to a child or an order to support another person, child or person who is not able to attain the necessities of life because of an illness or disability.
• An alternate custody arrangement exists where the child spends equal time with each parent; this arrangement is referred to as shared custody.   
• A split custody arrangement exists when one or more of the children live one parent and one or more of the other children live with the other parent.