Category: Child Support in Ontario
Does The Court Consider A High Cost Of Living During Child Support?
The court always looks for what amount could be appropriate for the best lifestyle of the children; this has to be based on the supporting parent’s income. Every state has its own guidelines to determine the suitable level of child support. But since child support rules vary according to province or territory, both spouses should get help from family law lawyers, Brampton.
High Cost Of Living And Child Support
If you are a parent paying child support, the court will look at your gross income from all sources. But if your child support is being affected by your high cost of living either due to other children, or other deductibles, the issue can be addressed through the change of circumstance. But, the court can only change child custody orders when they believe the change of circumstances to be just and equitable. Where child support seems to be affected by the high cost of living, judges are prone to deviate from the set guidelines where the paying parent:
- Has exceptionally high or low income
- Have many unreimbursed expenses such as medical expenses
- Have kids with special needs such as disabled children
- He/she is upgrading their professional career and has education expenses
The court will look at many more factors to determine how you high costs of living may affect child support. For instance, you may have taken a loan to buy a leisure car; definitely, the court will not be inclined to lower your child support under such obligations.
What Determines Child Support?
It not uncommon for some parents to lower their income levels to lure the court to decrease child support obligations. In such cases, where a parent may have left employment willfully or is underemployed, the court imputes an income. Where such reasons are unjustifiable, such a parent will have to pay for child support. Typically, the child support amount is based on:
- The income of the parent paying support
- The number of children needing support
If the judge is satisfied that your high cost of living will affect child support, this can be modified. However, the judge must first decide whether such costs affect the support being accorded to the child. And if such cost seems to interfere with how such a parent spends time or communicate with their child, then both parents can agree to modify the terms of child support. Where it’s impossible to agree, then one parent may be forced to file a motion and request the judge for such a change. Again for the modification to take effect, one must prove the change of circumstances.
According to Federal child support guidelines, there is a set of rules and tables used to determine what parents should contribute to their child support. These are set to ensure children can advance their best interest and get the required level of support from both parents. But such tables provide flexibility to special expenses such as exceptionally high income or daycare expenses, among others.
What Do I Need To Know About Child Support In Canada?
The responsibility of raising a child after divorce is one of the major concerns among parents. This is because family law is tricky. Knowing how much support and how long the payments will be made can only be explained professionally by a leading divorce lawyer in Toronto. An experienced lawyer understands the federal Child Support Guidelines (CSG). Thus he/she can give you a standardized framework on how to deal with child support. Continue reading “What Do I Need To Know About Child Support In Canada?”
Preparing a Child Custody Case
Child Custody Case
One of the areas of contention in a divorce as that of child custody. As a result, there are a number of things that a parent can do in order to win a child custody hearing. This article will discuss the necessary documentation that a parent can compile for their child custody case.
When it comes to resolving child custody cases which it is often beneficial for parents to create a record of their interactions between the other parent, the children and themselves. Below is information as to how such documentation can be compiled.
Firstly, it is important to note that you will not need to show up in court with your documents. All court proceedings begin with written submissions to the court that outline your position and state what you are asking the court to order. If you are acting without a divorce lawyer it is a good idea to include copies of any supporting documentation as proof of your arguments when you make your written submissions. This is important because the judge will need to see your paperwork before you get to court. It is likely that the judge will have already reviewed all written submissions in order for him or her to be familiar with the matter.
If the other parent initiates custody proceedings you can assume that he or she has included their own proof when they made their written submissions. It is imperative that you receive a copy of the paperwork that the other parent submitted to the court. Ensure that you read this information carefully and you have a right to respond to the other parent’s submission in writing. By having the other parent’s submissions this is a good guide as to what additional documentation you will require in order to refute his or her submissions. It is imperative that you make copies and submit such proof with your response to the other parent’s submissions.
It is important that both parents keep a diary of all phone calls made between the child and the parent who does not currently have custody. Such phone logs should include when the calls occurred, how long they lasted and how frequent they were. It is also important to take note of the nature of the calls, was it just talking over the phone or were they Skyping. Such records are evidence of continuous contact between the parent and the child that does not have custody. It can also be proof of the lack of regular contact between the child and the other parent. It is important to note that courts do not look favorably on a parent who tries to impede on a child’s relationship with the non-custodial parent. Therefore, as a custodial parent be careful that the non-custodial parent does not use your curtailing the child’s relationship with them as an excuse for not calling often.
It must be noted that a lack of regular phone contact could tell the judge that the non-custodial parent does not have a close relationship with the child.
Divorce: Tips on Conflict and Your Children
Some divorces result in conflict which affects the children involved in the family. Parental conflict in a family may be high where the parents are going through a separation, living separate and apart under the same roof or working through conflict during divorce. This article will discuss some tips to use in respect of conflict that arises during separation and the divorce process.
It is no surprise that while both parents may feel very strongly in respect of the opinion they are expressing during conflict, the emotional health and wellbeing of their children is directly affected.
One of the key factors that comes into play is the type of personalities of the spouses and the norms of the family they grew up in. As a result some spouses may have difficulty holding themselves back from an argument which can result in mudslinging, name-calling and other forms of verbal attacks. While each parent may have a perfectly rational reason for the position that they are defending, the problem is that the parent’s battling it out risks their children being affected by emotional harm that will impact their lives now and in the future.
In order to protect your children when you are in the middle of conflict with your spouse, take the following suggestions into consideration:
- Make a mutual commitment to behavior change – by committing yourself to this each parent is acknowledging the problem is real. Both parents are committing each other to protecting their children. This commitment can be written down as in agreement, providing strategies and it must be dated and signed.
- Get professional advice – in most cases people resist the idea of having family professionals involved and their personal affairs. To some it is seen as a sign of weakness or mental health issues. Such help can include enlisting the services of a mediator especially during the separation period that involves living separate and apart but under the same roof. Professionals are trained to help people overcome emotional struggles and to diagnose healthy emotional responses and communication patterns. By getting help you may be able to apply and change your communication skills.
- Physically separate the children from the conflict – when all else fails and conflict or an argument is inevitable each parent must be mindful of protecting their children. Mutually agree that you will keep your voices low and go to another room. Others have found that you can get a babysitter and pick the dispute away from home.
- Agree to disagree – there are some issues you may honesty disagree on due to having various viewpoints. When conflict leads it is best to define a course of action and improve it and this can be done by getting help. The key is therefore in how to handle the conflict process. If you and your spouse cannot agree on a course of action and the conflict results in a shouting match, recognise the issues and seek out a third party’s opinion you both respect.
Divorce: Changing Your Child’s Name
Changing Your Child’s Name
A common feature after a divorce is that one spouse may choose to change their name. Further, a parent may also choose to change the child’s name too. Petitioning a court to change a child’s name is usually not difficult, all it requires is filling out a few basic forms that are downloadable for free. However, getting a judge to approve the name change is a different issue. This article will discuss the manner in which family court would handle changing a child’s name and the elements taken into consideration.
It is important to note that when it comes to divorce and issues relating to children, the ‘best interests of the child’ is the standard that is used. Unfortunately, because the child’s best interests test is applied on a case by case basis, the standard is quite vague and as a result some cases are more straightforward than others. There are three common situations in which a court is likely to approve a petition to change a child’s name and these are:
- Both parents petition together, whether they are married or not – where both parents petition the court together to change the name of the child in almost all situations the court will grant the name change
- One parent petitions, and after notification, the other parent does not object
- One parent petitions and the second parent cannot be found or has abandoned the child
If only one parent wants to make the change and appears in court, the judge is likely to approve the name change as long as the petitioning parent can show that the other parent has been officially notified of the proposed change and has failed to appear.
In situations where both parents have maintained a relationship with the child and one opposes the name change, the court is usually reluctant to go on and change the name and will never do so without a hearing. However, this does not ultimately mean that a court will not approve the change, it just means that the court will listen to each parent’s arguments for or against the name change and decide what is in the child’s best interests. In deciding whether or not to change the child’s name, the court will take the following factors into consideration:
- The length of time the child has used the current last name
- The effect of the name change on the preservation of the relationship with both parents
- The status and strengths of the child’s relationship with each parent
- The needs of the child to identify with a new family unit through the use of a common name
- In respect of older children, the child’s preference
- Any other factors the court finds important in a given case
Once all this information is available to the court, the court will balance these factors in order to help decide whether or not to change the name and if this is in the child’s best interests.
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Divorce: Modifying Child Support
Modifying Child Support
Similar to a separation agreement Ontario, divorcing parents may consider drafting a child support agreement. When the parents decide on a child support agreement it is of utmost importance that the agreement be put in writing and must be signed by both parents. When deciding the child support amount, it is helpful to take into consideration what the court takes into consideration – the child’s interests. Further, you can consider how much child support a judge is likely to order in your situation. Judges base their decision of the child support amount on Child Support Guidelines that are set out in Federal Child Support Guidelines which are regulations under the Divorce Act. This article will discuss modifying or changing child support.
In Ontario, child support can be changed if there is a significant change in circumstances. It must be noted that at some point after the divorce people’s lives will change and the needs of children will also change hence the need to modify or change child support. This will thus result in a change in child support orders and agreements. Such changes help to ensure that the support orders and agreements stay fair always.
Some significant circumstances that can lead to the modification of child support can be described by the scenarios below:
- Ted is paying child support to Annie for their son Jacob.
- Ted loses his job and can no longer pay the child support that was agreed upon
- Ted receives a substantial raise in his income
- Jacob finishes school, gets married or moves out to live on his own
- Jacob is working full time
- Jacob decides to go and live with his grandmother
- Due to an incident Jacob is now in need of new special or extraordinary expenses
There are a number of ways parents can change the existing child support arrangements. Some ways of changing or modifying child support include the following:
Make a new agreement – If both parents agreed to change the child support they can make a new agreement. This new agreement must be drafted, dated and signed by both parents as well as by a witness. If the new agreement changes the terms of the old agreement that was filed with the court, then this new agreement should also be filed in court. One advantage of filing the new agreement in court is that it allows the Family Responsibility Office to enforce the new agreement and support amount. If the new agreement changes a final court order, then the parents need to ask the court to change the order in accordance with the new agreement.
Court order – If the parents cannot agree then either parent can ask the court to change child support. The court will only change the child support order if there has been a significant change in circumstances, for example:
- the payer’s income has gone up or down
- the child has left the parent home voluntarily
- the child has moved from one household to another
- the child is no longer in daycare or full time school
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FAQs on Child Support
The percentage ratio of people undergoing divorce in Canada has risen largely and this has led to homes having single parents. As a result there are a number of aspects that arise due to divorce such as separation, child support, spousal support, child visitation and access. There are a number of frequently asked questions in respect of child support. This article will address some of these questions.
Question: What is the difference between child support and child maintenance?
Answer: The only major difference between child support and child maintenance is that child support is governed or regulated by the Federal Divorce Act while child maintenance is governed or regulated by the Maintenance and Custody Act. Further, child maintenance is a provincial law while child support is a federal law.
Question: How do I know that the child support I am paying is being spent properly and for my child?
Answer: The short answer is that you do not know, mainly because child support is meant to be a contribution to the basic necessities of the child that is housing, food, clothing etc. further, neither the court nor the Maintenance Enforcement Program will keep track of what the parent receiving child support spends the money on. However, the table amount assumes that the parent caring for the child is always contributing to the financial support of the child. Therefore, the amount a parent pays for child support is the paying parent’s contribution as they would if they were living with the other parent and child helping each other with the child’s expenses.
Question: What is imputed income?
Answer: If the court feels that the amount of income a parent claims that they earn is not a true or fair reflection of his or her actual income, then the court attributes income to that person. The act of attributing income to a parent is imputing income. If a court imputes income to a parent this means that the court can set the child support amount based on what the person should be earning (i.e. the imputed income) instead of what they are earning or claim to be earning.
A court may impute a parent’s income under the following circumstances:
- The parent is purposefully unemployed or underemployed (unless due to reasonable educational or health needs or this is a requirement for the needs of the child)
- The parent is exempt (legally is not to pay) income tax
- The parent lives in a country where income tax is much lower than in Canada
- The parent appears to have diverted or hidden his or her income which would affect the level of child support
- The parent’s property is not reasonably used to generate income
- The parent failed to provide income information as required by the court.
In respect of cases or situations relating to the imputing of one’s income it is imperative that the parent seek legal assistance from a divorce lawyer Toronto who handles matters regarding Toronto divorce law. This will allow him or her to receive advice on ways to deal with the imputing of income.
Motion To Change Child Support
Steps For Motion to Change Child Support
If you have landed on this page, you may have searched for Motion to Change on Google. DivorceGo is here to help you file a motion to change child support.
After a final Order has been made by a Judge with respect to monthly child support payments, circumstances may arise that warrant changes be made to the original final Order. You will likely have to bring a motion to change child support. The procedure to bring about these changes to the Order has been outlined in Section 15 of the Family Law Rules. This process entails bringing a motion to change or modify child support payments.
A motion to change child support may be brought before judge when there is material change in the financial circumstances of the payor spouse or when there is material change in the financial circumstances of the receiving child. Example of this are:
- The payor spouse is making less or more money since the final Order was made;
- The receiving child is now self-sufficient in terms of financial support; and
- The living arrangement of the receiving child has change
This motion to change child support implies asking the Judge to consider the new facts that have emerged since the final Order and therefore change the original final Order accordingly.
If you plan to bring a motion to change monthly child support payments, you will require evidence to put forth in front a Judge in order to argue why a change is required to the original final Order. It is thus imperative to collect documents such as: a copy of an existing child support Order, copies of Income Tax Returns including T4 slips, pay stubs, ROE or severance documentation (if applicable) and medical reports (if income deduction is attributed to health related factors). These are some examples of documents that may be helpful for your motion and are not meant to be an exhaustive list. The evidence you need to consolidate depends entirely on the nature of your circumstance. Therefore, retaining a lawyer to bring a motion to change child support can prove to be highly beneficial for this purpose as they can advise on how to build a solid case ready with all the necessary documents for your matter.
Generally a motion to change may be brought utilizing two approaches
The first approach is when both parties agree to the changes to be made to the original Final Order. This is called a Consent Motion. In this case all parties involved complete and file with the court: Form 15D, Consent Motion to Change Child Support, which is to be signed by each party and any assignees. You then are required to file in Court 5 copies of a draft Order. You must then complete a Support Deduction Order Information Form and then have a draft Support Deduction Order filed in court. The Clerk at the court will bring these documents before the Judge. For a motion to change, no case conference is required and neither are the parties required to attend court, unless otherwise instructed by the Court. Once the Order has been signed, the Clerk will provide the signed order or they may contact to parties to instead attend court.
In the second approach, where there is no consent between the parties on the issue of changing the original final Order, a motion to change is also brought. In this case, the moving party (the party bringing the motion) completes Form 15 Motion to Change and Form 15A Change Information Form. Once completed these forms must be brought, including any additional supporting documents, to the family court office. The clerk will then affix the seal on the first page of form 15 and will date and sign the second page of form 15. This process had effectively issued your Motion to Change Child Support. The Clerk will also mark a box on the form which will either specify whether a first court date has been scheduled or no court has been scheduled. Immediately following this your documents become ready to be served.
Keep in mind depending on where your matter is being heard, a first court date may or may not be assigned. If your matter is being heard at the Family Law Branch at the Superior Court of Justice or the Ontario Court of Justice, a first court date will likely be set. However, if you’re matter is proceeding before the Superior Court of Justice, the responding party will need to request a case conference in order to have the motion go forward.
Once the motion to change has been issued, you are required to serve a copy of the documents on the responding party. The documents which you must serve are:
Form 15 Motion to Change
Form 15A Change Information Form
Form 13 or Form 13.1 (Financial Statement if required)
A blank copy of Form 15B Response to Motion to Change
A blank copy of 15C Consent Motion to Change
You are required to serve these documents by a special service, which implies that the documents must be left either with the person or alternatively with the person’s lawyer. Following successful and valid service, the person who served the documents must fill out form 6B Affidavit of Service and have the filed at the appropriate court.
After the motion to change child support has been served on the responding party, within 30 days of being served they can either complete form 15C Consent Motion to Change or serve on the moving party and file in court Form15B Response to Motion to Change.
If Form 15C is signed then that implies the parties have reached an agreement with respect to the change sought in the original final Order. However, if Form 15B is served on the moving party and filed in court, that implies no agreement has been reached and the parties will further proceed to court to have a Judge make a new ruling in the matter.
We hope that this information has been helpful. If you need to setup a free consultation with a lawyer, you can contact our Family Law Lawyer at 416-792-5400.
Here are some helpful resources that provide more information about Motions to Change Child Support in Ontario:
How to bring a motion to change
How to vary a child support order
Filing or change support payments
Consent Motion to Change
WHAT IS CHILD SUPPORT IN ONTARIO?
When parents no longer continue to reside with each other, an arrangement is usually made in terms of which parent the children may live with and for how long. Usually, the parent with which the children reside most of time is entitled to obtain from the other parent expenses relating to raising the children. This is called child support.
ELIGIBILITY FOR CHILD SUPPORT IN ONTARIO
Payment of Child Support is determined by the living arrangement of the Child or Children. If the child or children live most of the time with one parent, then the other parent must pay. In the event that the parents spend an equal amount of time in rearing the child or children, child support is still payable. In such a situation, the parent with the higher income will normally be required to pay the net difference in the parties respective applicable amounts as specified in the Federal Child Support Guidelines.
HOW IS CHILD SUPPORT IN ONTARIO CALCULATED?
There are Federal, Provincial, and Territorial Child Support guidelines that specify how much child support is payable. The amount of child support is usually calculated in relation to the paying parent’s annual income. However, you must first determine which Child Support Guideline is applicable to your situation:
1)If you are divorced or have applied for a divorce then the Federal Child Support Guideline will apply. You can calculate the amount of child support payable under the Federal Guidelines here.
2)If you were never married or were married and are separated (and neither parent has applied for a divorce) then the Provincial or Territorial Child Support Guidelines apply. You can view the Ontario child support tables here.
HOW CAN I GET CHILD SUPPORT IN ONTARIO?
Depending on whether you are entitled to receive Child Support, you can arrange child support to be paid to you in the following ways:
- Online using this Ontario Government Website. You can use this service if you are setting up child support for the first time. Please click here to go the website.
- A written agreement between you and the other parent;
- In accordance with a court Order. If you are faced with an uncooperative parent, you may go to the court to obtain an Order for child support to be paid to you. Please click here for some helpful information regarding filing or changing child support.
HOW IS CHILD SUPPORT IN ONTARIO IS ENFORCED
The Family Responsibility Office is an Ontario Government office that enforces Child Support payments. All Orders for Child Support made by the Courts are automatically filed in the FRO. Separation Agreements may also be filed in the FRO provided they have also been filed in Court.
The Family Responsibility Office collects the child support payments from the payor parent and then either mails a cheque or directly deposits the support payments into the recipient parent’s account.
In the event the payor parent misses support payments there are a number of ways the FRO can collect unpaid payments:
- It may deduct payments automatically from the parent’s wages or income;
- A charge may be registered against the parent’s personal property or real estate;
- It may garnish the parent’s bank account or up to half of joint bank accounts the Parent may have;
- An Order may be made against anyone who is helping a parent hide their income or assets that may go towards unpaid child support.
If a parent continues to not make payments, the FRO may exert pressure on that parent in the following way:
- It may suspend that parent’s driver license;
- It may cancel the parent’s passport;
- The parent may be reported to credit bureaus, making it difficult for them to obtain a loan.
The Family Responsibility Office can collect unpaid payments from across Canada, the US and any other country with which Ontario has an agreement.
Keep in mind that if a change is required to the amount of support payments, the FRO cannot be asked to make that change. If a parent believes a change in support payments is warranted, that change must be reflected in either a new Agreement or you can go before a court and ask to have the support Order changed.
NOTICE AND DISCLAIMER: The material posted on this website is for informational purposes only and should not be relied upon as legal advice. If you are in need of legal advice relating to your particular situation it is highly recommended to consult with a Toronto divorce lawyer.