Child Support

Children require financial support from their parents, and as is the case with all parenting issues, the guiding principle is the best interests of the child.   

Child support is generally dictated by the Child Support Guidelines, and is based on a child’s residency schedule and income of the parent(s).

One of the primary objectives of the Child Support Guidelines is to establish a fair standard of support for children so as to ensure that they continue to benefit from the financial means of both parents after separation.

Normally, the parent who does not have care of the child a majority of the time will be required to pay child support to the other parent.

Because child support is inextricably linked to a child’s residency schedule, it is important to obtain advice at the outset from a lawyer who is experienced in all child-related issues.

Child support is comprised of the following:

•  A basic monthly amount also referred to as “table support” or the “table amount”, which is based on the gross annual income of the payor parent and the number of children entitled to support; and

• Additional amounts of child support that may be paid on top of table support, also referred to as “special or extraordinary expenses” or “section 7 expenses”

In circumstances where separated spouses share approximately equal parenting time of their child(ren), the amount of support payable may be affected by the table amount for each parent as set out in the Child Support Guidelines, the increased costs of a shared parenting schedule, and the condition, means, and needs of each parent and of the child.  

Special or extraordinary expenses, also known as section 7 expenses, are additional costs which are not covered by table support, and may include but are not limited to items such as childcare, uninsured medical/dental insurance premiums, educational programs designed to meet a child’s particular needs such as tutoring, extracurricular activities, or post-secondary educational expenses. Normally, such expenses are shared by the spouses in proportion to their respective incomes.

Whether or not a particular expense is considered special or extraordinary is fact-specific. Necessity and reasonableness are also key. Various factors must be considered such as the amount of the expense in relation to the parties’ incomes, the amount of table support being paid, the cost of the program or activity, and any special needs and talents of the child.

This list is not exhaustive, and another reason why it is important to consult with a family law lawyer if you believe there are section 7 expenses.

Because child support is based on the income of the parent(s), full financial disclosure is essential and mandated by family law and legislation. Any failure to fully disclose income, finances, and income producing assets, can lead to some serious legal consequences, including but not limited to loss of credibility, inaccurate awards of child support and additional legal fees.

Income for child support purposes does not necessarily equate to the income you report to the Canada Revenue Agency on an annual basis. As such, income for the determination of child support can be much more complex and challenging if you or your spouse own a business, earn interest and investment income, have capital gains, or are the beneficiary of a trust.

The legal team at Holam Law PC can assess your financial disclosure needs and will provide you with the accurate legal advice needed to resolve issues of child support. We have the network to recommend and engage an expert on complex issues regarding a party’s income for support purposes.

Our family lawyers are prepared to guide you through the following areas, as well:

• Child Custody & Parenting Schedules

• Spousal Support

• Property Division

• Separation Agreements

• Divorce

• Limited Scope Legal Services

• Notary Public Services