If you are a single parent or contemplating separating from your partner and not sure whether you can claim child support from the partner, here are five basic facts you need to know about child support.
1. Federal and provincial Child Support Guidelines are regulations that prescribe the quantum of child support.
Each province has a separate Table. The applicable Table is the one for which the payor parent ordinarily resides at the time of determination. The quantum is based on the payor’s income and the number of children. The court will not easily depart from the Table amount unless the income significantly exceeds the $ 150,00 threshold.
2. It is determined by the arrangement of custody
Child support is paid to the parent who has custody of the child for at least 60 percent of the time by the other parent. If a child divides the child’s time between the parents’ home to spend more than 40 percent of the time in one and less than 60 percent of the time in other, the court has discretion to deviate from the Child Support Table amount. If a child or more children resides primarily in each parent’s home, child support is calculated as the set-off between the amount each parent would pay for the child or children in other parent’ care.
3. Child support not only applies to married couples, also unmarried couples.
If the parents were not married, child support may also apply, but not under the Divorce Act, but the Family Law Act.
4. A dependent child may apply for child support
Child support is not only available to a parent, it is also available to a dependent child under the Family Law Act. Moreover, a government agency providing benefits for a child or in receipt of an application to provide benefits for a child may apply for a child support order. The government agencies are the Ministry of Community and Social Services, a municipality, a district social services administration board, or a delivery agent under the Ontario Works Act.
5. Entitlement for child support does not necessarily end when the child turns 18
The Divorce Act extends to a child who is over the age of majority but unable because of illness, disability or other cause to withdraw from parents’ charge. The Family Law Act extends to a child who is enrolled in full-time education. Generally, the obligation to maintain a child extends through the completion of a first post-secondary degree. In some cases, the court may extend support after consideration of relevant factors including the financial circumstances of both parents and the child, the child’s academic performance, and family education expectations.
There is a lot more to child support than what is discussed in this article. The article is for information purpose only, if you need assistance with claiming child support or need tailored advice on your case, please do not hesitate to contact our experienced family lawyers.
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