Best Child Support Lawyers in Aurora

About Child Support Law in Aurora, Canada

Child support law in Aurora, Ontario, falls under the broader framework of Canadian family law, with specific reference to the federal Divorce Act and Ontario's Family Law Act. Child support is a legal obligation requiring parents to provide financial support for their children after separation or divorce. The payment is intended to cover basic expenses such as food, clothing, shelter, education, and health care. In Aurora, as with the rest of Ontario, child support is calculated using the Federal Child Support Guidelines, which outline how much must be paid based on the paying parent's income and the number of children.

Why You May Need a Lawyer

While many parents can resolve child support issues amicably, there are several situations where legal advice becomes essential:

• Disagreements over child support amounts: Calculating the correct amount of support can be complex, especially if incomes fluctuate or are self-employed.
• Enforcement of child support orders: If the other parent fails to pay, a lawyer can help enforce court orders.
• Modifications to existing arrangements: Life changes such as job loss, remarriage, or changes in custody can require legal adjustments to support agreements.
• Inter-jurisdictional issues: If you or the other parent lives outside Ontario, differing provincial or national laws may be involved.
• Establishing paternity: Legal help may be needed if there is a dispute about who is responsible for child support.
• Complex financial situations: Business ownership, undeclared income, or hidden assets can complicate support calculations.

Local Laws Overview

Key aspects of child support laws relevant to Aurora, Ontario, include:

• Mandatory Child Support: Both parents have a legal duty to support their children financially, regardless of marital status or custody arrangements.
• Child Support Guidelines: Federal and provincial guidelines dictate base support amounts and adjust for shared or split custody.
• Special or Extraordinary Expenses: These can include costs for medical care, daycare, education, or extracurricular activities, often above the base amount.
• Enforcement: The Family Responsibility Office (FRO) enforces support orders in Ontario, collecting payments and pursuing late payers.
• Changes in Circumstances: Orders can be reviewed and modified with significant changes in parental income or children’s needs.
• Tax Considerations: Child support is generally not taxable income for the recipient or a deduction for the payer.
• Age of Eligibility: Support continues until a child is 18, and may continue longer if the child is still in school or has a disability.

Frequently Asked Questions

What is child support, and who has to pay it?

Child support is a regular payment made by one parent to another to cover their children’s living expenses after separation or divorce. The parent who spends less time with the child usually pays support to the parent with primary care.

How is child support calculated in Aurora, Ontario?

Support is determined using the Federal Child Support Guidelines. The calculation uses the paying parent’s gross annual income and the number of children involved.

Can child support amounts be changed?

Yes. If there are significant changes in either parent’s financial situation or changes in the child’s needs, you can apply to modify the existing support order.

What if the other parent refuses to pay child support?

You can contact the Family Responsibility Office (FRO), which has the authority to enforce payment through measures like wage garnishment, reporting to credit bureaus, or suspending licenses.

How long does child support last?

Usually, support continues until the child turns 18. It may be extended if the child is in full-time education, has a disability, or as otherwise determined by the court.

Do I need a court order to receive child support?

While informal agreements are possible, it is recommended to have a formal written agreement or a court order for easier enforcement.

How are special or extraordinary expenses handled?

These expenses, like tuition or medical care, are usually shared by both parents proportionate to their income, in addition to the basic support amount.

Do step-parents have to pay child support?

In some cases, step-parents could be required to pay support if they have acted as a parent to the child, but the obligation of the biological parents remains primary.

Can child support be retroactive?

Yes, courts can order retroactive child support payments if it is shown that the payer did not pay as required in the past.

Is child support taxable?

No, child support payments are not taxable income for the recipient, nor are they deductible for the payer.

Additional Resources

If you need more information or help regarding child support in Aurora, consider reaching out to these resources:

• Family Responsibility Office (FRO): Enforces court-ordered child support payments in Ontario.
• Ontario Ministry of the Attorney General: Provides public legal information and forms.
• Legal Aid Ontario: Offers free or subsidized legal counsel if you meet financial eligibility requirements.
• Family Law Information Centres (FLIC): Located at most courthouses, providing basic legal information and assistance.
• Local family lawyers: Many offer free initial consultations or sliding-scale fees for those in need.

Next Steps

If you are dealing with a child support issue, consider the following steps:

• Gather all relevant documents, such as financial statements, custody agreements, and any previous support orders.
• Consider scheduling a consultation with a local family lawyer to assess your options and rights.
• Take advantage of free resources such as Family Law Information Centres or Legal Aid Ontario for guidance if you cannot afford a lawyer.
• If you have a court order that is not being followed, contact the Family Responsibility Office for enforcement options.
• Keep written records of all communication and payments related to child support.