Child support is available for both common-law couples and married couples. You have the right to ask for child support payments in arrears, meaning any missed child support payments since the separation.
There are guidelines in a form of a Table in Ontario and Federally that govern child support. The provincial and federal tables are the same. However, they are in different Acts (Statutes) and are to be used depending on whether you are seeking a divorce, or more specifically, whether a couple is married or not.
The guidelines are only a legislative reference as to what is expected in terms of child support payments depending on the annual income of the partner and the amount of children of the relationship. Nevertheless, it is possible to differ from these guidelines if you have special circumstances, special expenses, a significant income and other relevant factors.
In a family law application, you are allowed to make multiple claims against multiple persons. Child support is generally requested among other claims such as spousal support, divorce, property division, parenting time and decision-making responsibility. Child support is separate however from all of the claims above. Each one of those claims have unique rules spread across multiple Statutes, Regulations and Case Law.
A child support order or term in a separation agreement can be varied, of course, depending on material changes such as income changes or changes in expenses.
You can book a consultation with us to make a child support claim or vary an existing order. Email email@example.com or call 647 806 9184.
November 22, 2021