Real Estate
Child Support

Child support is payable in most separations or divorces involving financially dependent children. Support is determined pursuant to the Federal Child Support Guidelines, which set out specific amounts of support based on factors such as which parenting arrangement applies, the number of children, and the payor’s income. Child support is not deductible from income for the payor and is not included in the income of the recipient for tax purposes.
How Is the Calculation of Child Support Determined?
The Federal Child Support Guidelines dictate how much support is payable. The amount is based on the payor’s gross annual income and the number of children. Based on the parenting arrangement, the payor’s annual gross income, number of children, and province of residence, the Child Support Tables will determine the monthly table amount of child support payable.
How Is the Calculation of Child Support Determined?
The Federal Child Support Guidelines dictate how much support is payable. The amount is based on the payor’s gross annual income and the number of children. Based on the parenting arrangement, the payor’s annual gross income, number of children, and province of residence, the Child Support Tables will determine the monthly table amount of child support payable.
In addition to the monthly table amount, spouses will have to share the cost of certain additional expenses, like childcare or post-secondary school tuition. These expenses are referred to as “section 7 expenses” or special expenses. Other expenses which are often added to the table amount of child support are called extraordinary expenses. Parents can agree upon which expenses will be considered extraordinary. When there is a dispute as to whether an expense is “extraordinary”, the courts will make that determination based on factors such as whether these expenses were paid for the child before separation and whether it is reasonable in all of the circumstances that the parents continue to contribute to those expenses in proportion to their respective incomes.
Is Child Support Payable When Parents Share Parenting Time?
If children reside with each parent more than 40% of the time (shared custody), the child support amount payable usually begins with a set-off amount. The set-off is determined by calculating the child support amount each parent would pay the other parent based on their income from all sources, and then calculating the difference between the two payments. Parents will often decide that the parent who must pay the higher amount of support will pay the set-off amount to the other parent. It is important to understand however that it may be wise for each parent to make the payment they owe to the other parent. Sometimes the set-off amount is further adjusted but there is no guarantee that support will be adjusted. This will depend on the facts and circumstances involved in your case.
Calculating Parenting Time for Child Support Purposes
In calculating the amount of time the children spend with each parent, there is no one way that is accepted in calculating this as a percentage. Scheduled overnight time is often used but the courts have also used the hours spent in each home. How hours spent at school or daycare are not always consistently attributed to the parent dropping them off or picking them up. In any of these calculations, there are thresholds of time that can trigger a review of which parenting arrangement should apply and whether the full table amount of child support is appropriate.
Enforcing Unpaid Child Support
If your spouse refuses to pay support, you may need to go to court to get a support order.
If you have a signed agreement requiring your spouse to pay support and he or she stops paying, your agreement can be registered with the court and sent to the Family Responsibility Office (FRO) for enforcement. The Family Responsibility Office has the power to take certain actions to collect support and enforce support if necessary, such as:
• Deduction of support from income and wages;
• Garnishee of the payor’s bank accounts and other money owing to the payor;
• Registering a lien against the payor’s property; or
• Suspending the payor’s driver’s licence or passport.
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