Child Support and Spousal Support in Ontario

Support questions have clearer answers than most people expect. Here is what determines them.

Child support. The amount is set by the Federal Child Support Guidelines, based on the paying parent's income and the number of children. In most cases there is little to argue about once income is known. The arguments happen when income is uncertain — a self-employed parent, a business owner, a parent who is underemployed — or when the children spend close to equal time in both homes. Those are exactly the cases where an experienced lawyer earns his fee.

Section 7 expenses. On top of the table amount, parents share the cost of child care, medical and dental costs not covered by insurance, post-secondary education and some extracurricular activities, usually in proportion to their incomes. This is a frequent source of disputes and I make sure the agreement spells it out.

Spousal support. Whether spousal support is owed, how much, and for how long depends on the length of the relationship, the roles each of you took on, the income gap between you, and each person's ability to become self-sufficient. The Spousal Support Advisory Guidelines give a range; where you land in the range is where negotiation matters. I have argued both sides of these cases for 30 years.

Changing support. If income changes materially — job loss, retirement, a child finishing school — support can be changed. I can prepare a variation agreement or bring a motion to change.

Enforcement. Support orders and filed agreements are enforced through the Family Responsibility Office. If you are owed support, or if FRO is pursuing you for amounts you dispute, I can help.

What it costs to find out. In one meeting I can usually tell you the approximate range of support you may pay or receive.