Best Child Support Lawyers in Greater Sudbury

About Child Support Law in Greater Sudbury, Canada

Child support is a legal obligation for parents to financially support their children after a separation or divorce, regardless of their marital status. In Greater Sudbury, as elsewhere in Ontario, child support laws are designed to ensure that children continue to receive the financial assistance they would have had if their parents were living together. The courts aim to prioritize the well-being of the child and ensure their standard of living remains as consistent as possible post-separation. Federal and provincial guidelines provide the framework for determining who pays child support, how much must be paid, and the process for making or changing support agreements.

Why You May Need a Lawyer

While some families can reach an amicable child support agreement, many situations require professional legal guidance. You may need a lawyer if:

• The other parent is not paying child support as ordered or agreed.
• You are unsure what amount of support you should pay or receive.
• Your income or circumstances, or the other parent’s, have changed significantly.
• There are questions about the parentage of the child.
• You fear your child's other parent may leave Sudbury or Ontario, impacting payments.
• There are complex situations, such as shared or split custody arrangements or children over the age of majority with disabilities or in school.
• You need help navigating the enforcement of child support through Ontario's Family Responsibility Office (FRO).
• There are disagreements about extra expenses (special or extraordinary expenses).

A lawyer can help protect your rights, ensure accurate calculations, and represent you if the matter goes to court.

Local Laws Overview

Child support in Greater Sudbury is governed by both federal and provincial laws:

• Federal Child Support Guidelines: Apply to parents who are divorcing (under the Divorce Act), providing tables that outline the base amount of child support depending on income and number of children.
• Ontario Child Support Guidelines: Largely mirror the federal guidelines but apply to unmarried or non-divorced parents (under the Family Law Act).
• Family Responsibility Office (FRO): This Ontario agency enforces child support payments in Greater Sudbury, collecting payments from the paying parent and forwarding them to the recipient.
• Special or Extraordinary Expenses: Above and beyond regular support, parents may be required to share additional costs such as child care, medical expenses, and extracurricular activities.
• Changing Support Payments: Either parent can apply to change child support if there is a significant change in circumstances, such as income changes or the needs of the child.
• Enforcement: If payments are not made, FRO has the authority to take actions such as garnishing wages, suspending driver’s licenses, or intercepting federal payments.

Frequently Asked Questions

What factors influence the amount of child support?

The primary factor is the gross annual income of the paying parent and the number of children who need to be supported. Custody arrangements and special expenses can also impact the total support amount.

Who is legally required to pay child support?

Both biological and adoptive parents are legally responsible for supporting their children, regardless of marital status or living situation.

Do I have to pay child support if I don’t have custody?

Yes. The parent who does not primarily care for the child usually pays support to the parent who does, based on the child support guidelines.

Can child support be changed after it’s set?

Yes. If there is a major change in income, living arrangements, or the child’s needs, either parent can ask the court to review and adjust the support amount.

What happens if the paying parent moves to another province or country?

Ontario has agreements with other provinces and many countries to enforce child support orders even if the paying parent moves.

How are special or extraordinary expenses handled?

Special expenses such as child care, health needs, or extracurricular activities are typically shared by both parents in proportion to their incomes, in addition to the basic child support amount.

What is the Family Responsibility Office (FRO)?

FRO is an Ontario government agency that helps enforce child support orders and agreements, ensuring payments are collected and distributed appropriately.

What if the other parent isn’t paying child support?

You can register your order or agreement with FRO, which has legal tools to enforce payments such as wage garnishment, suspension of licenses, or other financial penalties.

Is child support taxable?

No, child support received is not considered taxable income by the recipient, and the payer cannot deduct it from their taxes.

How long does child support last?

Support usually continues until the child turns 18, but it can extend if the child is still a dependent due to educational pursuits or disability.

Additional Resources

• Family Responsibility Office (FRO): Enforces child support and provides information about your case.
• Ontario Ministry of the Attorney General: Offers information on family law procedures in Ontario.
• Legal Aid Ontario: Provides legal assistance to those who meet financial eligibility guidelines.
• Greater Sudbury Legal Clinic: Offers legal support to Sudbury residents, including in family law matters.
• Sudbury Family Court: Handles child support applications, changes, and enforcement hearings.
• Ontario Court Forms and Guides: Official documents and guides for making or changing child support arrangements.
• Justice Canada’s "Child Support Tables": Help calculate amounts based on income and number of children.
• Family Law Information Centre (FLIC): Located at local courthouses, providing free family law information and guidance.

Next Steps

If you need legal advice or support regarding child support in Greater Sudbury:

1. Gather all relevant documents, such as income statements, custody agreements, and previous court orders.
2. Consider contacting the Family Law Information Centre at the local courthouse for initial guidance and free information.
3. Consult a family law lawyer to review your situation. If you can’t afford a lawyer, check your eligibility for Legal Aid Ontario or visit the Greater Sudbury Legal Clinic.
4. If you have an existing order or agreement that is not being followed, register it with the Family Responsibility Office for enforcement.
5. If your circumstances have changed, seek legal advice to apply to the court for a change in your support arrangements.
6. Be proactive in seeking help; addressing concerns early often leads to better outcomes for you and your child.

Remember, every family’s situation is unique. Professional legal advice can help clarify your rights and responsibilities and ensure the best interests of your child are protected.