Toronto Child Support Family Lawyer
Both parents have equal responsibility for the financial support of minor children during separation and divorce. Federal and provincial laws have specific guidelines in establishing child support based upon the income of the payor, the residence of the payor, and the number of children.
These guidelines were established to help make it easier to determine the financial responsibility of each parent. However, there are sometimes issues that arise that need to be addressed. When these issues occur, it is in your best interest to obtain help from a Toronto child support family law lawyer from Davies Law Firm.
Some of the more common reasons when a modification to an existing child support agreement or ordered can be required include, but may not be limited to:
- Change in Income
- Change in Custody and Access
- Establishing Payor’s Income
- Enforcement of Payments
- Extraordinary Expense Payments
- Determining Support in Shared Parenting Arrangements
- Determining Support When Children Live with Different Parents
How Child Support Payments Are Established
The Federal Child Support Guidelines are used to help determine how much child support one parent pays in joint or sole custody arrangements. Generally, the amount the parent earns, how many children they have, and the amount of time they have the children are used to establish the amount they must pay the other parent.
Initially, the income is based upon Line 150 of the parent’s most recent income tax return. Payments can be adjusted annually based upon the most recent tax return. Additionally, expenses like childcare, healthcare, extracurricular activities, and educational activities are considered when the payor also pays these expenses.
Child Support for Shared Custody Arrangement
In shared parenting and custody arrangements, child support payments are determined differently. Since the children are with one parent at least forty percent of the time, the court may only require one parent to pay a set-off amount to the other parent. In other cases, neither parent is entitled to support payments.
Enforcing Child Support Payments
The Family Responsibility Office (FRO) processes child support payments in Ontario. The court notifies the FRO when a parent is required to pay child support. The parent makes support payments directly to the FRO.
The FRO processes the payment and issues it to the custodial parent. The FRO keeps records of all payments, including missed payments, short payments, and any arrears. If the non-custodial parent decides to stop making payments, the FRO can take legal action against them to enforce payments such as garnishing their wages or suspending their driver license.
Requesting a Child Support Modification
If you have grounds to request a child support modification, it is filed by your Toronto child support family law lawyer. Your lawyer files the modification with the court and requests a hearing in front of a judge. If proof of a change in circumstances is established, then the existing agreement or order can be amended.
For further information or assistance in filing a modification, please feel free to contact Davies Law Firm for a consultation today.