Toronto Child Support Lawyer
After separation, and once it is decided with which parent a child or children in a family will primarily reside with, the issue of child support arises. Child support is based on the Federal Child Support Guidelines and is based on the child’s right to be supported, although the moneys are provided to a parent whom has the child in their primary care.
Generally speaking children reside with one parent 60% of the time or more, that parent by nature of that percentage of parenting time becomes the primary resident parent and recipient of child support. The other parent whom may have the child in their care less than 60% of the time, becomes the payor parent.
For the purposes of determining the amount of child support payable, we look to the Federal Child Support Guidelines Table. This is a table or a chart that takes only the payor income into consideration where the child’s living arrangement is not shared on a 50/50 basis between both parents. When the child does not reside with both parents equally, only the payor income is relevant for the purpose of determining the amount of child support payable by the payor.
If the child(ren) reside with the parents equally, then both parents’ incomes are relevant for the purposes of calculating child support and in most cases, if one parent has a higher income, a set-off amount of child support is payable to the lower income parent and this set-off amount may be more or less depending on the added costs of a shared custody plan, such as if both parents have extra housing or food cost, or each parent’s situation, such as if they live with a new partner who shares expenses, or have other dependents to support.
Split custody cases refers to situations when a parent has more than one child, and sometimes, one child lives most of the time with one parent and the other child lives most of the time with the other parent. The term can be confusing because the term custody in this scenario does not refer to the issue of sole or joint custody and has nothing to do with decision making. This scenario has to do with where the children reside. In this case, each parent usually pays the Child Support Guideline Table amount for any children living with the other parent. The higher Table amount parent has to pay the difference the lower Table amount parent.
Sometimes, non-biological parents like step-parents or even individuals a parent has cohabited with may have support obligations to children after a separation. In these cases, it is typically where a step-parent or cohabiting partner has stepped into the shoes of a biological parent. In family law we call this “in loco parentis” which means “in the place of a parent”. Although sometimes step-parents or someone who stands in loco parentis may have child support obligations in relation to a child they may have parented, in other situations where a biological payor parent exist, the child support obligation of the step-parent may be reduced.
While in some cases child support may be a simple exercise of reviewing the parenting arrangement and the Child Support Guildeline Table amounts, in many cases it maybe a much more difficult exercise where the payor parent is earning cash income and not reporting it, or refuses to contribute to his or her child by way of a monthly child support payment. It is important to speak with one of our Separy Law PC child support Toronto Lawyers and learn your rights and/or obligations related to child support especially in circumstances where a payor does not accept their obligation to pay.
For an online click HERE for an online child support calculator.