Ask a Divorce Attorney: How Does Child Support Work?

Clients going through a separation or divorce often have a lot of questions for their divorce attorney about child support. Here are answers to a few of the most common questions:

How is Child Support Calculated?

Let’s start with the basics. Child support is calculated based on a number of factors including:

  • Where the child is living, and the type of parenting arrangement (co-parenting, shared parenting, sole custody).

  • The age and number of children.

  • Parental income.

Child support is intended to cover basic expenses (food, clothing, residence), as well as educational expenses, medical care and extracurricular activities. You can use this guide from the Canadian government to get a general sense of how much child support should be paid.

Support must be paid for any dependent child of your marriage under 18, with a few exceptions. Your divorce attorney can provide you information on your specific case. To learn more about how child support is calculated, refer to our blog How Much Will I Pay for Child Support?

How do I Set Up Child Support?

Child support can be set up a few different ways. Your divorce attorney can help ensure your child support is set up properly. Child support can be arranged:

  • Through a written agreement between parents/caregivers with the help of a family lawyer or mediator.

  • Online through the Ontario Government Child Support Service portal. Note that there is a fee to set up this service.

  • Via court: you and the other parent or caregiver arrange child support by filing documents in court

How to Adjust Child Support

Circumstances can change, and with it, the amount of child support to be paid. You may adjust your child support payments due to:

  • Job loss or job changes.

  • If the child is no longer dependent (gets married, or moves out of the custodial home to support themselves).

  • Changes in parenting arrangements (the child moves in with the other parent).

  • Changes in education (e.g., moves from a private school to public school).

Child support amounts can be adjusted online, or through a written agreement or court order. If you are concerned about the change in child support, you may wish to consult your original divorce attorney to ensure you are receiving the support to which you are entitled.

What if Child Support is Not Paid?

If child support is not paid, and parents cannot resolve the issue privately, the Family Responsibility Office (FRO) can help enforce child support. 

The FRO is a program of the Government of Ontario that helps families get the support they are entitled to by collecting, distributing and enforcing child and spousal support payments. The FRO has the power to garnish wages, or take other actions like suspending their driver’s license or even launching a court case.

When child support is court ordered in Ontario, the support order is automatically filed with the Family Responsibility Office. If you arranged your marriage contract, separation contract, or other domestic agreement through a divorce attorney, they can file the appropriate documents with the court.

If your case is filed with the FRO, you can contact the FRO Online or call their offices 24/7 to receive automated support.

If your contracts were not filed through court, you must file them separately with the FRO.

Responsibilities of the FRO

As mentioned, the Family Responsibility Office works to collect, distribute and enforce child and spousal support payments. The FRO does not make payments to a recipient on behalf of the payer, change support amounts or get involved in issues of child custody or access.

During a separation or divorce, decisions will be weighed as to whether they are in the best interests of the child. That means both parents, your divorce attorney, and the courts need to consider the child’s emotional and physical safety and well-being. If family court orders are ignored, the consequences can be severe. 

Contact Sutherland Law for an Experienced Divorce Attorney

The Family Law team at Sutherland Law understands how family law matters can impact your personal and family relationships. When you speak with a divorce attorney at Sutherland Law, you can do so with confidence, knowing they will take care to preserve your interests, and the best interests of your family. Contact us today for a consultation to speak to a divorce attorney about your case.

Follow Sutherland Law on Facebook.

Resources:

Government of Ontario - Arranging child support: https://www.ontario.ca/page/arranging-child-support

Government of Canada – Child Support: https://www.justice.gc.ca/eng/fl-df/child-enfant/index.html



Sutherland Law Staff Writer