Child Support FAQ
How is child support calculated?
Child support is based on the paying parent's gross annual income, the province the payor lives in, and how many children the payor is supporting. Whether a parent is a support payor depends on how much parenting time the child spends with each parent. In shared or split parenting situations, both parents' incomes are taken into account.
What are Section 7 expenses?
Section 7 of the Ontario Child Support Guidelines, set out expenses that parents may need to contribute to or share, over and above regular child support. These typically include expenses such as childcare, school tuition, extracurricular activities, school break camps, summer camps, and medical/dental insurance premiums. These expenses need to be necessary, reasonable, and usually agreed upon between the parents.
Can I waive child support?
No. It is the child's right to receive child support. If you are legally married and seeking a divorce, the court may not grant a divorce if child support is not being paid at an amount as stipulated under the guidelines or, in some cases, set out by the court.
Can I withhold child support if the other parent restricts my parenting time?
No. Child support is the right of the child, not the other parent. Therefore, withholding support payments is only harmful to the children. Please contact our office if your parenting time is being restricted by the other parent. There are various steps we can take to ensure that your parenting time is being respected.
Can I restrict the other parent's parenting time if the other parent doesn't pay child support?
No. If you are having issues with receiving child support payments from the other parent, you cannot restrict parenting time as a tool to force payment. This is only harmful to the children. Please contact our office for assistance in registering any arrears and arrangement of future payments through the Family Responsibility Office or determining if there is another appropriate means to enforce support payments.
Who pays child support if parenting time is split 50/50?
In a 50/50 parenting time split, each parent's income will be taken into account. The parent earning the higher income may pay offset child support and a higher percentage of Section 7 expenses. This is the court's way of ensuring that the child's standard of living is similar in each home.
I'm not receiving child support from the other parent, what can I do?
There are a few avenues to take to receive child support that isn't being paid. If you already have a support order or agreement and the support payor lives in Ontario, you can register that document with the Family Responsibility Office of Ontario ("FRO"). FRO can assist you in securing future payments of child support, as well as registering any past payments that may be owed ("arrears"). FRO can take steps like wage garnishment, bank account garnishment, income tax return diversion, or property liens. Some of these avenues may need to be achieved through the court system. Aspire Law can assist you in determining the right approach to obtaining child support.
What is the Family Responsibility Office or FRO?
FRO is a government agency that has been set up specifically for ensuring that child support payments are paid by one party and received by the other. It has the ability to enforce signed separation agreements and court orders. The payor pays the support payments directly through FRO, and then FRO directs funds to the support recipient.
FRO also keeps track of any missing payments, as well as any arrears that still need to be paid. If payments aren't being made when they are supposed to be or at all, FRO can enforce payment from the payor by garnishing wages or diverting government benefits, etc. It can even go so far as to cancel a payor's driver's license or passport for non-payment of child support.
Contact a Family Lawyer in Ontario Today
If you need help with a family law situation that involves a child, contact Aspire Family Law. Our Ontario family law team will advise you of your options and guide you through the process. Contact us online or at 613-406-4246 to schedule a Strategic Planning Session.