Child support in Ontario is a legal obligation ensuring both parents contribute financially to their children’s well-being. Determined by guidelines considering income and the number of children, it covers essential expenses. The Family Responsibility Office oversees support matters, ensuring timely payments for the child’s benefit and emphasizing their best interests.
FAQs
What is child support, and does it require a court order?
Child support is a right of the child, independent of a court order, and it exists regardless of any formal mandate for the payer to provide support.
Who qualifies as a dependent child according to Ontario law?
A dependent child is under 18, unmarried, and living with one or both parents. If over 18, they remain dependent due to illness, disability, or continuing education.
How is child support determined, and what factors influence the amount?
Child support is calculated using guidelines, considering parenting arrangements. If one parent has primary custody, they receive the full amount; in shared parenting, both pay based on their incomes.
How is income determined for child support calculations?
Income sources, including tax returns, notices of assessment, and employment details, are considered. Different rules apply based on employment type (T4 employee, self-employed, etc.).
Under what circumstances can the court impute income to a support payer or recipient?
The court may impute income for intentional underemployment, tax exemptions, living in a low-tax country, income diversion, underutilized property, failure to provide income information, unreasonable expense deductions, deriving income from lower-taxed sources, or being a trust beneficiary.
Can child support payments be less than the table amount, and in what situations?
Yes, in shared or split parenting arrangements, parents may agree on an amount different from the table amount. This can be influenced by factors like income, parenting schedules, and mutual agreements.
What are special and extraordinary expenses in child support matters?
Special and extraordinary expenses, or Section 7 Expenses, are additional costs beyond basic child support, including daycare, health expenses, private school fees, and post-secondary education.
When does child support terminate, and what factors influence termination?
Child support does not automatically end at 18. Termination depends on factors like finishing post-secondary education, marriage, or no longer being a dependent child due to other circumstances.
Is child support negotiable, and what is the role of undue hardship?
Child support is generally non-negotiable, with a presumptive duty for the paying parent. Undue hardship claims can be made under Section 10 of the Federal Child Support Guidelines, considering factors like high debts, expenses for parenting time, legal duties, and financial hardships.
How is child support enforced, and what is the role of the Family Responsibility Office (FRO)?
The FRO automatically enforces court-ordered child support, taking actions like license suspension for non-compliance. Even without a court order, filing a separation agreement with the courts allows FRO enforcement.
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