Markham Child Support Lawyers
When minor children are involved in a divorce, the courts do not relieve either parent of their financial responsibilities to their children. The courts expect both parents to contribute equally to the financial support of any minor children.
A claim for child support can be filed at the same time an application for divorce is submitted to the court. Child support payments can start as soon as the couple separates and starts living separate and apart. Payments would continue for as long as the children are dependents as defined under the Divorce Act or Family Law Act.
The courts do encourage parents to create their own child support agreements using the Child Support Guidelines and based on the custody and access arrangements they have made. However, courts will step in when they feel the custody arrangement would primarily benefit one party and not be in the children’s best interests.
How Are Support Payment Determined?
The Family Responsibility Office (FRO) of Ontario and the Child Support Guidelines are used to determine the amount of child support payments. In establishing payment amounts the finances of both parents will be reviewed. The custody and access agreement is also reviewed to determine which parent will have the children the majority of the time.
In most cases, the noncustodial parent will have to pay child support to the custodial parent. The courts also take into consideration income discrepancies between the parents when establishing child support payment amounts where there is a shared parenting arrangement.
Furthermore, they will review extraordinary and special expenses, such as daycare, medical care, school event expenses, and so on. These expenses ought to be shared proportionate to the parties’ incomes.
If you have further questions about child support or need help applying for child support, please feel free to contact our Markham family law firm.