Support matters form a large portion of family law disputes in Toronto. When partners separate, divorce, or resolve parenting arrangements, financial support issues are often brought up and require legal consideration. The Ontario Court of Justice regularly addresses child support matters involving separated or divorce parents.
This article provides an overview of how child support matters are addressed by the Ontario Court of Justice and explains how parents can navigate court proceedings with the help of family law services.
Child Support Matters Addressed by The Ontario Court Of Justice
The Ontario Court of Justice commonly addresses the following issues in child support cases:
- Initial child support orders
- Interim child support (temporary)
- Retroactive child support
- Variation or changes to existing child support orders
- Child support issues related to enforcement.
Child Support Cases
Child support is the financial support paid by one parent to another to benefit a child. Child support is considered the legal right of the child in Ontario, and not the right of the receiving parent.
Child support obligations may happen after a divorce or separation and can apply whether or not the parents were married.
Courts may become involved in child support matters when parents can’t reach an agreement independently or through dispute resolution methods like mediation.
When assessing child support, judges look at legislated guidelines and may consider:
- Parental income
- Existing parenting arrangements
- The number of children
- Special or extraordinary expenses
Child support is calculated using the Federal Child Support Guidelines, which apply to all of Canada:
- Paying parent’s gross annual income
- Province or territory of residence
- Number of children
Additional expenses like medical costs or childcare may be shared between parents in proportion to their incomes.
Special and Extraordinary Child Support Expenses
The court may order parents to share special or extraordinary expenses under section 7 of the Federal Child Support Guidelines, in addition to basic child support.
These expenses can include:
- Childcare
- Medical and dental costs
- Extracurricular activities
- Post-secondary education or costs for special programs
The court usually divides these expenses based on each parent’s income.
Retroactive and Arrears Child Support
The Ontario Court of Justice may address retroactive child support when a paying parent has not met their obligations in the past. Judges consider various factors, like the reason for non-payment and the child’s needs, and whether the issue has previously been raised by the receiving parent.
Child support arrears can be enforced through court orders or the Family Responsibility Office.
How Family Law Services Can Help
It can be very complicated to navigate support matters in family court, which is why family law services in Toronto are so useful:
- Explain legal rights and obligations
- Assess child or spousal support entitlement
- Prepare financial disclosure and court documents
- Negotiate support arrangements outside of court
- Represent clients during court proceedings
- Assist with existing support orders
Get In Contact With A Family Lawyer In Toronto Today
If you’re dealing with child support issues, consider speaking with an experienced Toronto family lawyer. Get in contact with Sudano Law today by calling 647-880-5832 or reaching out online through their contact form to learn how they can assist you.
