- ALTERNATIVE DISPUTE RESOLUTION: MEDIATION-ARBITRATION
- CHILD SUPPORT
- CUSTODY OF AND ACCESS TO CHILDREN
- DIVISION OF PROPERTY
- INTERJURISDICTIONAL CUSTODY AND ACCESS DISPUTES AND MOBILITY ISSUES
- MARRIAGE CONTRACTS (PRENUPTIAL AGREEMENTS) AND COHABITATION AGREEMENTS
- MEDIATION SERVICES
- SEPARATION AND DIVORCE
- SPOUSAL SUPPORT
OAKVILLE CHILD SUPPORT LAWYERS
It is common for parents involved in a family law dispute to be anxious about any uncertainty related to their children. At a time when so many things are changing, and there seems to be so much ambiguity about the future and what it holds, it often gives parents some comfort knowing that there is a degree of certainty in family law with respect to the financial support of children. This certainty comes from the legislation that is currently in place to deal with child support, the Federal Child Support Guidelines (also known as the Guidelines) which were enacted in1997. The Guidelines provide clarity with respect to various child support issues such as who is responsible for paying child support, the amount of child support to be paid based on the payor’s income, and the duration of the support payments. Typically, payments are required until the child reaches the age of majority or completes his or her first post-secondary degree. It is important to remember child support payments are not tax deductible for the payor and are not included in the recipient’s income for income tax purposes.
The tables within the Guidelines are used to establish the amount of child support to be paid to the recipient based upon the income of the payor. Generally, the income of the recipient is not a factor in determining how much child support is to be paid. Normally, the parent with whom the child primarily resides is the recipient of child support payments. Aside from the regular monthly child support payments, Section 7 of the Guidelines addresses situations where additional payments can be required for certain special or extraordinary expenses. Section 7 expenses can include uninsured dental and medical expenses, daycare, and post-secondary education expenses among other expenses.
While the process of applying the Child Support Guidelines to determine the amount of child support payable might seem simple, there are issues and other factors which can result in exceptions to the standard table amounts. Because every family’s situation and circumstances are different, it is important to obtain legal advice from a knowledgeable family law lawyer to assist you with your child support issues. If you retain the services of Kain & Ball, you can be confident that our team of excellent family law lawyers has the knowledge, skills, and experience to help you.
An issue that commonly arises when determining a pay or’s support obligation is determining his or her income. Income is not always limited to the amount reported on Line 150 of a pay or’s income tax return. In certain cases, other forms of income, such as stocks, bonuses, benefits, and expense accounts may need to be included in the income calculations. In situations where the pay or parent is self-employed, income may extend to specific expenses paid for by his or her business when the parent personally benefits.
There are also instances where the table amount of child support needs to be adjusted as a result of certain residence arrangements. For instance, if parents have agreed on a shared parenting arrangement where the children live with each parent for 50 percent of the time, the payor may be entitled to a reduction in support payments.
At Kain and Ball, we have successfully handled a wide variety of child support cases, including those with complex financial issues. Using our expertise and knowledge of family law, we help our clients to navigate the often unfamiliar and sometimes complicated family law issues that they encounter.
For assistance with child support matters, schedule a free consultation appointment by emailing us at firstname.lastname@example.org or calling us at 1-855-773-4588.