Child Support in Ontario

Parents have a legal obligation to financially support their children. In most cases, the starting point for determining child support is the applicable Child Support Guidelines.

The amount of basic or table child support generally depends on the payor's income, the number of children and the applicable Guidelines table. However, the appropriate amount can become more complicated where income is disputed, parenting time is shared, a child is over the age of majority or other circumstances require a different analysis.
We advise clients on the calculation, negotiation and enforcement of child support obligations.

Determining Income for Child Support

Determining a parent's income is sometimes the most important issue in a child support case.

A person's income for support purposes does not necessarily correspond exactly with the income appearing on their personal tax return. Additional analysis may be required where a parent is:
 

• self-employed;

• a shareholder, director or officer of a corporation;

• earning commissions, bonuses or irregular income;

• receiving income from multiple sources;

• deducting significant business expenses;

• experiencing substantial fluctuations in annual income; or

• alleged to be intentionally unemployed or underemployed.
   

Proper financial disclosure is critical. We review tax returns, notices of assessment, corporate records, financial statements and other relevant documents to determine the income that should be used for support purposes.

Section 7 Special or Extraordinary Expenses

In addition to basic child support, parents may be required to contribute toward certain section 7 special or extraordinary expenses.

Depending on the circumstances, these may include expenses relating to childcare, medical and dental costs, post-secondary education and certain extracurricular or educational programs.

Whether an expense qualifies and how it should be shared can become a source of disagreement. We assist parents in determining whether an expense is properly characterized as a section 7 expense and each parent's appropriate contribution.

Shared Parenting & Child Support

Child support does not automatically disappear simply because parents share parenting time.
Where each parent exercises at least 40 percent of parenting time with a child, a different support analysis may apply. The court can consider the applicable table amounts for each parent, the increased costs associated with shared parenting and the circumstances of the parents and child.

We advise parents on child support in shared parenting arrangements and the financial information necessary to determine an appropriate support amount.

Retroactive Child Support & Arrears

Child support disputes sometimes concern amounts that should have been paid in the past rather than only what should be paid going forward.

A claim for retroactive child support may arise where support was not paid, was based on outdated income information or should have increased as the payor's income changed.

Support arrears can also accumulate where an existing support obligation has not been satisfied.
We advise clients seeking retroactive support or enforcement of arrears, as well as payors responding to those claims.

Spousal Support in Ontario

Unlike child support, spousal support is not determined solely by applying an income table. A spouse must first establish entitlement to support.

Entitlement can arise on compensatory, non-compensatory or contractual grounds. The analysis may consider the roles assumed during the relationship, economic advantages or disadvantages arising from the relationship or its breakdown, financial need and the parties' circumstances following separation.

Where entitlement exists, the amount and duration of support must then be determined.

Spousal Support Advisory Guidelines

The Spousal Support Advisory Guidelines (SSAGs) are commonly used to assist in determining ranges for the amount and duration of spousal support.

The SSAGs can provide low, mid and high ranges based on factors such as the spouses' incomes, length of the relationship, ages and whether child support is also payable.

The Guidelines are an important analytical tool, but the appropriate result depends on the circumstances of the particular case. We help clients understand both the calculated ranges and the factors that may support a position within or outside those ranges.

Retroactive Spousal Support

Spousal support claims can also involve support for a period before an agreement or court order is made.
Retroactive claims require consideration of the history of the parties' financial circumstances, previous requests for support, payments already made and other relevant factors.

We represent both spouses seeking retroactive spousal support and those responding to retroactive claims.

Changing Existing Support

Support arrangements are not necessarily permanent.

A significant change in income, employment, parenting arrangements or other circumstances may justify reviewing an existing child or spousal support obligation. Some agreements and orders also contain specific review provisions.

We advise clients seeking to vary child support or spousal support in Ontario, as well as clients opposing a proposed change.

Financial Disclosure

Accurate support calculations depend on accurate financial information.

Ontario family law requires meaningful financial disclosure in support cases. Depending on the circumstances, this can include income tax returns, notices of assessment, pay information, corporate records, business financial statements and other documents relevant to determining income.

Where disclosure is incomplete, we take steps to obtain the information necessary to properly assess the support claim.

Negotiating & Litigating Child & Spousal Support

Many child and spousal support issues can be resolved through negotiation, mediation or a separation agreement. Where agreement cannot be reached, support may need to be determined through family court proceedings.

We represent clients in child support and spousal support litigation, including conferences, motions and trials. Our focus is on identifying the real financial issues, obtaining the necessary evidence and developing a position grounded in the applicable law and the client's circumstances.

Speak With a Child & Spousal Support Lawyer

Whether you are paying or receiving support, understanding the numbers is only part of the analysis. Income, entitlement, financial disclosure and the history of the parties can significantly affect the result.
Contact Kassa Family Law to discuss child support, spousal support, section 7 expenses or a support dispute in Ontario.