Child Support & Spousal Support

HELPING YOU NAVIGATE SUPPORT ISSUES

Child and Spousal Support is a Complex Area of Family Law.

Child support refers to the amount payable by one parent to the other for the support of a child, while spousal support refers to the amount payable from one spouse to the other for the support of the recipient spouse.

CHILD SUPPORT

The Child Support Guidelines govern child support in Ontario. Child support refers to a monthly amount of support payable by one parent to the other parent for the support of a child (to assist with items such as food, clothing, housing costs, transportation costs, etc.), as well as add-on expenses known as special or extraordinary expenses, which are either ongoing or one-time expenses that are in addition to the monthly Guideline amount.

The monthly Guideline amount is usually straightforward and commonly based on the payor’s income, the number of children and the corresponding value in the Child Support Guidelines. However, there are complicating factors that can significantly affect the amount of child support payable, which parents should obtain legal advice on including:

• Shared physical custody (i.e., both parents having the child for at least 40% of the time over the course of a year) or split physical custody (one parent having one or more children primarily, and the other parent having the other children);

• Undue hardship claims;

• Determining income: RRSP income, self-employed individuals, non-taxable income, etc.;

• Imputing income – when a parent is intentionally underemployed or unemployed (intentional simply means capable of earning more income than that parent is earning, not necessarily an intention to avoid child support);

• A child over the age of 18 years;

•  A child withdrawing from parental control;

• A parent not providing proper financial disclosure;

• A parent earning $150,000.00 or more; and

• A non-biological parent who stands in the place of a parent.

Barrie Family Lawyer

At Chapman McAlpine Law, we can help you navigate through and resolve these complex child support issues in family law.

The child support lawyers at Chapman McAlpine Law can also help you in the area of determining child custody, and special or extraordinary expenses (i.e., add-on expenses). These expenses refer to certain health-related expenses, child care expenses, medical dental insurance premiums, educational expenses, and extracurricular activities. There are tests and conditions to meet for each of these types of expenses to be eligible for contribution from the other parent and in what amount.

If you have any questions or concerns relating to child support or special or extraordinary expenses, contact our lawyers today to book a no-obligation consultation.

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