Parents have a responsibility to provide financially for their children. Child support is one of the ways that this occurs.
Many parents assume child support covers only the essentials, such as food and shelter. The reality, however, is more complex.
Types Of Child Support
Base Child Support / Table Child Support / Section 3 Child Support
Base child support ensures the basic needs of dependent children are met.
The purpose of basic child support is to ensure that children receive the same level of financial support in their parents’ respective households, regardless of the parents’ incomes. The form of support covers housing, food, clothing, and day-to-day living expenses, with the aim of maintaining a stable and comfortable home for the child or children.
- Food and groceries: The child should have access to a nutritious and well-balanced diet.
- Clothing: Costs associated with purchasing seasonal clothing and everyday wear.
- Housing and shelter: Contributions towards rent or mortgage payments, utilities, and household expenses to keep your child housed.
- Public school fees: Includes basic school supplies and fees associated with school activities, field trips, and lunch programs.
Calculating base child support is governed by the Child Support Guidelines, and the parenting time arrangements for the child(ren). The Child Support Guidelines have tables which set out fixed amounts of child support depending on a parent’ income and the number of children (hence the phrase “table child support”).
Special or Extraordinary Expenses / Section7 Expenses
Special expenses refer to additional costs that are not factored in under essentials.
- Daycare costs.
- Educational costs, such as private school tuition, tutoring, and textbooks.
- Post-secondary education savings.
- Healthcare needs, including orthodontics, dental insurance premiums, mental health therapy, or other medical costs not covered by insurance.
- Extracurricular costs, such as the cost to play a competitive sport or to sign up for an arts program.
These expenses are not shared equally but divided up by percentage to each parent based on an income comparison. This is referred to as parents being responsible for such an expenses “proportionate to income”.
To calculate the proportionate amount for each parent, a bit of math is necessary. For example, if Parent A earns $70,000.00 per year and Parent B earns $30,000.00 per year, the available pool of income for the child to access is $100,000.00. Parent A’s share of that income is 70% and Parent B’s share is 30%. That percentage is what translates to each parent’s responsibility for a section 7 expense.
Disagreements On Child Support Special Expenses
While basic child support is generally well understood, special or extraordinary expenses can be less clear and often lead to disputes.
In some cases, one parent may incur an expense without consulting the other and then expect them to contribute. If the other parent believes the expense is unnecessary or too costly, a family lawyer may be needed to resolve the issue.
If there are disagreements on special expenses, it’s important to assess whether the expense is truly necessary and explore more affordable alternatives. If an agreement cannot be reached, mediation is required.
A disagreement on special expenses will only proceed to court if mediation fails. The court will then determine whether the expense qualifies as special based on family finances, the necessity of the expense, and whether the cost is reasonable.
Potential Conflicts In Calculating Child Support
A child support lawyer is best sought when discussing how much child support is appropriate. There are many situations that can unfold that complicate child support calculations or which interfere in finalizing an agreement.
- The payor’s source of income may be unclear or unstable. If someone receives self-employment income, offers cash-based services, or receives income from a trust, this may lead to a dispute.
- There may be bonuses or commissions in a payor or recipient’s income that are not being included in the child support calculation.
- There may be accusations of voluntary unemployment or underemployment.
- A recipient may claim expenses now or in the future that the payor deems unfair and not applicable under child support.
- When the child reaches the age of majority, child support will typically terminate, however, if a child is not self-sufficient (usually due to a disability or as a result of pursuing full time education), this may require extended support. This can cause a parental dispute.
- If a payor’s income increases or decreases, this may mean an adjustment to the base amount of support.
Negotiating Child Support As A Part Of A Divorce
During a separation or divorce, disputes over child support arrangements are common. Such matters may need to be resolved in court, however, a divorce lawyer may be able to help by negotiating the terms outside of court either through a mediator or arbitrator.
When establishing child support, it is essential that all parties agree on the amount and what expenses it will cover.
Who Is Required To Pay Child Support In Ontario?
The Family Law Act and Divorce Act clearly define who is considered a parent and who is legally obligated to pay child support. This includes not only biological parents but also adoptive parents, step-parents, and others who have taken on a parental role in the child’s life.
A common misconception is that step-parents are not required to pay child support. However, they may be obligated to contribute if they have shown a “settled intention” to stand in the place of a parent for the child, and treat the child as part of their family.
Be Aware Of Retroactive Child Support
Retroactive child support may be required if a parent has never made payments or if existing payments need to be adjusted to reflect their actual income. This often happens when a parent’s income increases but is not reported. In such cases, the recipient parent can seek retroactive support.
The courts determine the appropriate amount of retroactive child support owed.
If you are under-paying support because your income has increased, it is your responsibility to notify the other parent.
If child support payments fall into arrears or retroactive support remains unpaid, the Family Responsibility Office has the legal authority to recover the balance. This may include wage garnishment, suspending a driver’s license or passport, or seizing assets.
If you are struggling to make child support payments, do not stop paying. Instead, contact a family lawyer as soon as possible to explore options and avoid legal consequences.
Consult A Child Support Lawyer In Ontario For Further Legal Guidance
Your child has the legal right to financial support from both parents, based on each parent’s financial means and abilities. While Ontario’s child support guidelines provide a framework for calculating payments, disputes can still arise.
At Alves Law, our experienced family lawyers are here to assist with your child support case. We recognize that every situation is unique and will take the time to understand your concerns and goals.
It all starts with a consultation. If you believe certain expenses should not be included in child support or if your co-parent is making unreasonable demands, we can help.
Even if you and your co-parent have agreed on child support terms, consulting a lawyer ensures your agreement is properly registered and enforceable.
If you already have a child support arrangement but need to modify or challenge it – whether due to financial changes or a deviation from the guidelines – our family lawyers can guide you through the legal process.
When you need a family lawyer to help resolve a child support dispute, contact Alves Law today for further legal help.
Frequently Asked Questions
If the custodial parent earns more, is child support still needed?
Child support is based on the paying parent’s income and not the receiving parent’s earnings. Regardless of how much a custodial parent earns, child support may still be required.
Do I have to pay child support even if I was not married?
Yes, child support in Ontario is mandatory and applies to all parents, whether they are married or not, in a relationship or not. This includes birth parents, adoptive parents, and, in some cases, even stepparents.
What happens if a paying parent loses their job?
If a paying parent loses their job or experiences a reduction in income, they can request a modification of the child support order through the court. Taking this step helps prevent arrears and avoids potential consequences, such as wage garnishment or bank account seizures.
If a parent does not have the right to see the child, do they still have to pay?
In Ontario, parental visitation rights and child support obligations are entirely separate. This means a parent who is unable to see their child may still be required to pay child support. It also means that if a parent is not paying child support, this is NOT a reason to prevent a child from seeing that parent.
Do I have to go to court to determine the amount of child support owed?
The courts are there for when parents do not agree. The courts are not the only way to decide the amount of child support to be paid. It can be determined by an agreement included in a separation agreement, or domestic agreement under the Family Law Act or Divorce Act.
Does child support end at age 18 in Ontario?
The default end date for child support in Ontario is when the child turns 18. However, child support may continue indefinitely if the child remains a dependent, due to reasons such as a disability or pursuing a full-time education.
