Child Support Lawyer Toronto
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.
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Federal Child Support Guidelines
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.
Separy Law Child Support Toronto Lawyers
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.
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- Calculating support under legal guidelines
- Updating existing support orders
- Resolving payment disputes
- Enforcing unpaid support
- Negotiating child support in the context of divorce or separation
FAQs
How is child support calculated in Ontario?
In Ontario, child support is calculated using the Federal Child Support Guidelines, which set out payment amounts based on the paying parent’s gross annual income and the number of children. The goal is to ensure that children continue to benefit from both parents’ financial resources after separation or divorce.
In addition to the base amount (called the table amount), parents may also share special or extraordinary expenses—such as childcare, extracurricular activities, or medical costs—based on their respective incomes.
To ensure accurate and fair calculations, it’s essential to have full financial disclosure. The Ontario child support lawyers at Separy Law P.C. can help you determine the correct amount under the Guidelines and ensure your child’s financial needs are properly met.
How long do parents have to pay child support in Ontario?
In Ontario, child support usually continues while a child is a minor (under 18) and still dependent on their parents. Support may continue beyond age 18 if the child is attending full-time school, has a disability, or is otherwise unable to support themselves.
The end date for support can depend on the child’s circumstances and what is outlined in a court order or agreement. Parents must also keep the other party informed of changes in income or dependency that could affect support.
If you have questions about when child support should end, be reviewed, or adjusted, our child support lawyers at Separy Law P.C. can help you assess your situation and ensure compliance with Ontario’s Family Law Act and Divorce Act (Canada).
What expenses are included in child support in Ontario?
Basic child support payments cover everyday living expenses such as food, clothing, and shelter. However, the law also recognizes Section 7 special or extraordinary expenses, which go beyond basic needs. These may include:
- Childcare costs related to work or education
- Medical, dental, or therapy expenses not covered by insurance
- Post-secondary education costs
- Extracurricular or enrichment activities (if reasonable)
Parents are expected to share these additional expenses proportionally to their incomes. Agreements about Section 7 costs should be clearly outlined in a Separation Agreement or court order.
If you’re unsure which expenses qualify or how to divide them, contact Separy Law P.C. Our Ontario child support lawyers can help you negotiate fair, enforceable arrangements for your family’s needs.
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