Child Support Lawyer

Child Support Legal Representation

For child support legal representation, you can trust the experienced family lawyers at Alves Law. We are committed to securing fair and just family law outcomes, balancing the wellbeing of your children with the financial realities of both parents.

Child Support Guidelines

Child support is an inescapable issue when you are separating and have children. There are two types of child support: Base Child Support and Support for Special Expenses.

Base Child Support

Base child support, also known as “Table Child Support," “Section 3 Child Support,” and “Monthly Child Support,” is a fundamental aspect of post-separation child care, aimed at ensuring the basic needs of dependent children are met.

According to the Federal Child Support Guidelines (FCSG), this form of support typically covers essentials such as housing, food, clothing, and other day-to-day expenses. The goal is to maintain a stable and comfortable standard of living for the children, reflective of both parents' financial capabilities. At Alves Law, we carefully review your circumstances to ensure the child support payments are fair and in line with legal standards.

The complicated considerations of base child support can include:

1.  How is child support calculated if the payor’s source of income is unclear? This is challenging when someone receives self-employment income, works in a cash-based business, or receives income from a trust.

2.  How many children are entitled to receive child support? When a child reaches the age of majority, child support may terminate, but it may not if adult children are unable to become self-sufficient. Parents sometimes have a dispute about this.

3.  Whether the parenting regime requires an adjustment to the base amount of support?

Support for Special Expenses

Children's needs often extend beyond the basics, which is why support for special expenses exists. These can include, but are not limited to, educational costs such as tuition and books, healthcare needs like orthodontics or therapy, and extracurricular activities ranging from sports to arts. 

This type of support is typically allocated “proportionate to income”, which means prorated to the parents’ incomes. For example, if one parent (Parent A) earns $30,000.00 per year and the other parent (Parent B) earns $70,000.00 then Parent A pays for 30% of a child’s special expenses, and Parent B pays for 70% of a child’s special expenses. A common misperception is that these expenses are shared equally, and that is wrong.

Our child support lawyers at Alves Law are experienced in negotiating these additional expenses, advocating for a balanced distribution that aligns with the parents' financial situations and the children's best interests.

Reach out to us today to schedule a consultation.

How is Child Support Determined?

Calculating child support is a nuanced process governed by the Provincial or Federal Child Support Guidelines. 

The starting point for determining child support is the number of children and the parents’ incomes. To get an idea of the base child support you may need to pay, you can use the online child support calculator.

After that there are many possible nuances to child support, including the living arrangements for the children, the parenting time allocation, the ages of the children, and many others.

At Alves Law, our approach to determining the amount of child support involves a detailed analysis of these factors, ensuring a fair and equitable distribution of financial responsibilities. We strive to achieve a child support agreement that is both compliant with legal standards and considerate of your unique family dynamics.

Who Enforces Child Support Payments?

The Family Responsibility Office (FRO) is typically responsible for the enforcement of child support payments. This entity plays a key role in ensuring that child support agreements are consistently followed, thereby safeguarding the financial security of dependent children.

 When parents haven’t updated their child support obligations over time, or where a payor has not paid the other parent for a period of time, an outstanding amount can be owed. This is known as arrears of child support and is a complex area that you should reach out to legal counsel to assist with.

Arrears of child support becomes even more complicated as time passes, and Alves Law has experience dealing with child support disputes where the dispute has gone back more than a decade.

Arrears in child support are incurred when payments are delayed, a parent fails to pay child support, or when parents do not update their child support obligations. Given how complex and potentially contentious the topic of arrears can be, legal assistance is recommended. Alves Law is adept at resolving child support disputes whilst always prioritizing the best interests of the children while respecting the realities faced by both parents.

 At Alves Law, we recognize the uniqueness of every family's circumstances and are deeply committed to providing personalized legal service in all our child support cases.

Our experienced team of child support lawyers is dedicated to protecting the welfare of your children and safeguarding your rights. We believe in a collaborative approach, working closely with our clients to navigate the complexities of child support law in pursuit of the best possible outcomes.