The amount of child support payable by support payor’s is determined by application of the Federal Child Support Guidelines. Each province has their own tables which takes into account the different tax rules in different provinces (see for example the Ontario Tables). With very few exceptions, the amount of child support payable is entirely driven by the support payor’s income.
The Federal Child Support Guidelines are about to change. Amendments were registered on November 17, 2011, and are expected to be published in Part II of the Canada Gazette on December 7, 2011. The amendments update the child support amounts in the Federal Child Support Tables, and will come into force on December 31, 2011. For more information on the amendments, please visit the Supporting Families website at this link.
Deciding what will happen with the children is one of the most difficult issues facing parents upon the breakdown of their relationship. The romantic relationship between the parents may end, but the co-parenting and each parent’s relationship with the children continues. Family law lawyers often have clients in our offices saying “I want custody of the children” or “there is no way I will agree to joint custody”. What clients are generally referring to is not in fact custody, but rather their wishes with respect to the future living arrangements regarding the children. What most people don’t understand is that custody is a term with specific legal meaning that has very little to do with living arrangements for children post separation.
Read the rest of this entry »
When parents separate, one parent is generally responsible for paying child support to the other. The parent that does not have the child living with them for the majority time (sometimes called the access parent) is required to pay child support to the other parent.
Child support is payable to the parent directly. Support payors often complain that they do not trust the recipient with the money or do not believe that the recipient will spend the money on the children. This is not justifiable reason not to pay the support to the parent or to argue that the support should be paid to the child instead. The appropriate amount of support must be paid to the recipient parent, irrespective of whether the payor thinks this will be best for the child. Read the rest of this entry »
