How Much Will I Pay for Child Support?
One of the key questions clients ask their divorce and custody lawyer is how much they will need to pay in child support. Separation and divorce can have a dramatic effect on families – and family finances. Dividing the household and financial responsibilities takes a lot of effort and negotiation; and all parties want to make sure they’re able to support their children, as well as themselves.
Note that child support and child custody are two different matters, and are handled separately under the law. The Family Law Team at Sutherland Law can help advise you on all your separate agreement, divorce, child custody and child support questions.
How is Child Support Calculated?
The federal government and provinces/territories share responsibility for family law and child support.
If you are separated in Ontario (common-law, or a married couple that has separated and not applied for divorce) – child support claims are made under Ontario’s Family Law Act.
If you are divorced, and one or both parents live in Ontario – child support claims are made under the Federal Divorce Act.
Both the federal government and each province/territory have their own child support tables for basic child support amounts. So which table do you follow?
The good news is that in Ontario, it’s a little easier because the Provincial Table is aligned with the Federal Table. If you live in Manitoba, Quebec or New Brunswick, the Provincial Tables may apply in some cases.
If you have questions, your divorce and custody lawyer can help you determine what tables apply to your case. They can also discuss any special circumstances that may affect the monthly guidelines.
Basic Amount or “Table Amount”
The tables provide guidelines for monthly amounts to cover basic expenses like clothes, food, housing, and school supplies. The table amount is calculated based on the parent’s gross annual income (before taxes and deductions) and the number of children needing support.
Special Expenses
You may also have to share special expenses over and above the Table Amount. Special expenses include child care, medical costs, college or university, additional education costs (e.g., private school or tutoring) and extracurricular activities that are considered “necessary and reasonable”.
What does necessary and reasonable mean? It means the expense is in the best interest of the child, and the cost is within bounds of the family spending habits prior to separation.
So, for example, one parent cannot decide to send a child to an expensive private school or university and expect the other parent to automatically share the costs if there is no developmental need for a special educational setting and/or the cost is beyond what is reasonable (considering household income prior to separation).
Special expenses may change throughout your child’s life, and they can be difficult to negotiate. If you disagree with your ex on what is right for your child, you can rely on an experienced divorce and custody lawyer to help you understand what the courts might determine as necessary and reasonable special expenses.
Do You have Shared/Split Custody?
The Table Amount assumes that the child or children spend the majority of their time (more than 40%) with one of the parents. Child support may be calculated differently if you have agreed to:
Shared parenting: where each parent has the child at least 40% of the time
Split parenting: where there is more than one child, and some children live with one parent and the other children live with the other parent.
Who Needs Child Support and for How Long?
Child support must be provided for any “child of your marriage” who is considered dependent. Dependent is generally defined as children 18 years old, who are unmarried and live at home.
Children over 18 may be considered dependent if:
They are still in school full-time.
Have a disability or illness that makes them unable to support themselves.
“Child of your marriage” includes children you had together during your marriage (including adopted children). In some cases, step-children can also be considered dependents.
Does Paying Child Support Mean I Automatically Get Access to My Children?
No. Child support and access are two different issues under the law. A parent has a right to parenting time even when they have not paid child support. Conversely, a parent might have to pay child support when they do not have rights to parenting time. If you are being denied access to your children, talk to your divorce and custody lawyer to learn your rights, and if necessary, fight for them in court.
Do you Need a Divorce and Custody Lawyer?
If you have questions about child custody and support, and want to protect your rights, and the rights of your children, the experienced Family Law Team at Sutherland Law can help. Make an appointment with a child custody and support lawyer at Sutherland Law or book a consultation today.
Resources:
Department of Justice: Federal Child Support Guidelines
https://www.justice.gc.ca/eng/rp-pr/fl-lf/child-enfant/guide/step6-etap6.html
Steps to Justice: Child Support
https://www.cleo.on.ca/en/publications/childsupport/how-are-basic-child-support-amounts-calculated