As the only law firm that dedicates itself to protecting father’s rights, Loyens Law Professional Corporation acts to the benefit of men and their families during an emotionally-challenging time. If you need a child support lawyer we are here to lend a guiding hand.
Every parent has a legal obligation to assist financially in the raising of the child(ren). Child support is a right of the child and it will not easily be displaced. Child support is intended to provide financial assistance to the parent with whom the children primarily reside and who has the day to day care of the children. Child support does not necessarily end when the child reaches 18 years of age but may continue if the child is in full time attendance in school. The type of custody and access arrangement may affect the amount of child support payable.
There are two types of child support:
- 1. Basic child support is intended to cover the day to day living expenses of the child such as lodging, food and clothes.
- 2. Special or extraordinary expenses are over and above the day to day living expenses such as child care expenses, ballet and hockey activities and education costs. These expenses must be at least $100.00 per year to qualify.
Basic Child Support
In Ontario, the Child Support Guidelines establish Tables relating to basic child support that the access parent must pay to the primary-care parent. The Guideline Tables are based on the access parent’s gross taxable income and the number of children residing with the primary-care parent.
There are limited circumstances in which the Guideline Tables will not apply. The most common is where the access parent has the children in his or her care at least 40% of the time over the course of the year.
Special or Extraordinary Expenses
Unlike basic child support which is generally the same for all paying parents with the same income and number of children, special or extraordinary expenses vary from family to family, based on past history, reasonableness of the expenses and the ability of the paying parent to pay.
Typically the parties share the special or extraordinary expenses for the children in an amount proportionate to their respective incomes. Most separation agreements typically require parties to consult with each other and to provide their reasonable written consent prior to the incurring of special or extraordinary expenses for the children.
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