Child Support
Another important issue that arises during divorce is child support.
Child support is simply a payment from one parent to the other for the financial support of their children. Of course, when it comes to the process of determining the amounts there is often nothing simple about it at all.
Child support can often be a complex issue
In theory, a child support figure should be based upon the financial needs of the child and upon the parents’ ability to provide for the child’s financial needs. In reality, it is based primarily on the Child Support Guidelines.
Of course, addressing this issue in real life can often result in bitter disputes over finances and obligations. Often what’s best for the child can get lost in disagreement and emotion.
Our expert lawyers have helped settle numerous child support cases and can help ensure you get the resolution you and your child need.
How is child support determined?
It is determined by the court based on a number of factors, such as:
In high net worth divorce cases, the court generally has much wider discretion in determining amounts but the same principles apply.
The bottom line is every case is unique – just like every child and every family is unique. Our lawyers will work closely with you to determine what is the best amount for you to receive or pay and then we will work hard to ensure your needs are met.
Common questions
While every child’s needs may be different, in general child support payments cover a child’s necessities, such as:
- Food
- Shelter
- Clothing
- Childcare
- Health insurance
- Transportation
- Extracurricular activities
- Other expenses related to their emotional and physical health
An example of a unique necessity might be if a child has specific educational need and thus money could be needed for special or private schooling.
Other unique necessities could include life insurance, support beyond age 18, college or university tuition and expenses, etc.
Again, each situation is unique and thus child support can be arranged to meet whatever requirements there are in your family.
Even if the children are with each parent about an equal amount of time, it does not on its own negate the need for child support. Even if both parents share equal time with the children, one parent may still owe it to the other.
This will depend a lot on the parents’ individual incomes and financial situations. You can also change or modify payment amounts through a court order if circumstances significantly change as time passes.
Payments typically continue until a child reaches age 18. However, special arrangements can be made in child support agreements for longer or shorter time periods. For example, child support continues beyond the age of 18 if the child is unable to live independently due to illness or disability of if the child is in school on a full-time basis.
No, child support and child custody / parenting time are not related and holding one to get the other can result in stiff penalties.
In fact, penalties from failing to make appropriate payments can include:
- Contempt of court charges
- Legal action for breach of contract
- Wage garnishment
- Financial penalties
In some cases, the court has put parents in jail who refuse to give court ordered access to the other parent.
Until your payments end, or you modify your support plan, you must make your payments on time and in full!
If your ex is refusing to make payments or if your ex is not honouring your visitation rights, talk to us immediately. Our family law experts can help you get a just and legal remedy to the situation.
We know firsthand that child support cases can be complex. Our team has extensive experience and will ensure that you complete the right paperwork and take the right actions to make sure the best interests of your child are met.
Child support resources
Questions?
At Galbraith Family Law, we have years of experience helping individuals and families navigate complex legal matters with clarity and support. Whether you're facing divorce, separation, or other family issues, our experienced team is here to guide you.
We proudly serve clients in Barrie, Newmarket, Oakville, and St. Catharines, Ontario.
