Best Child Support Lawyers in Markham

About Child Support Law in Markham, Canada

Child support is a legal obligation of a parent to provide financial support for their child after a separation or divorce. In Markham, Ontario, child support laws are governed by the federal Divorce Act, the Family Law Act of Ontario, and the Child Support Guidelines. The goal is to ensure that children continue to benefit from the financial means of both parents, regardless of where the parents live or their marital status. Generally, the parent who does not primarily reside with the child pays support to the other parent. Markham follows the same regulations as the rest of Ontario but may have specific court processes or local legal resources that are unique to the community.

Why You May Need a Lawyer

There are several situations in which seeking legal advice on child support would be beneficial:

• If you are unsure of how much child support you are entitled to receive or are required to pay.
• If you have a complicated custody arrangement or shared parenting time that may affect support calculations.
• If your ex-partner is not paying the agreed or court-ordered child support.
• If you need to modify an existing child support arrangement due to changes in income, employment, or family circumstances.
• If you are going through a divorce or separation and want to understand your rights and obligations.
• If you are facing legal proceedings related to child support enforcement by the Family Responsibility Office (FRO).
• If you or your child have special needs that may require additional support, such as medical expenses or educational costs.
• If you have questions about support for children over the age of majority (18 in Ontario), such as those in post-secondary education.

Local Laws Overview

In Markham, the main regulations governing child support are:

• Federal Child Support Guidelines: Used to determine the base amount of child support, usually based on the paying parent’s income and the number of children.
• Ontario Family Law Act: Applies to parents who were never married and covers child support arrangements outside of divorce.
• Divorce Act: Governs child support for parents who are divorcing or already divorced.
• Family Responsibility Office (FRO): The provincial agency responsible for collecting, distributing, and enforcing child support payments.

Frequently Asked Questions

What is child support and who is required to pay it?

Child support is the financial contribution a parent must make to help cover the expenses of raising their child. Usually, the parent who does not live with the child most of the time pays child support to the other parent.

How is the amount of child support determined in Markham?

The amount is calculated using the Federal Child Support Guidelines, based mainly on the paying parent’s annual income and the number of children involved. Adjustments may be made for shared parenting or special expenses.

Can child support be changed if circumstances change?

Yes. If there are significant changes in income, parenting arrangements, or the needs of the child, either parent can apply to change the amount of child support through the courts.

What happens if the other parent doesn't pay child support?

The Family Responsibility Office (FRO) can take action to enforce child support, such as garnishing wages, seizing assets, suspending driver's licenses, or intercepting tax refunds.

How long do I have to pay child support?

Usually, child support continues until the child turns 18. However, payments may continue if the child is still in school or has a disability that prevents them from being self-supporting.

Do I still have to pay child support if I don't see my child?

Yes. Child support obligations are not linked to parenting time or access. Even if you do not see your child, you are still responsible for paying support.

How do I get a child support order in Markham?

You can reach an agreement with the other parent and register it with the court, or you can apply to the Ontario Court of Justice or Superior Court of Justice for an order.

Can we agree on a different amount of support than the guidelines suggest?

Parents can make their own arrangements, but the court may review the agreement to ensure it is fair and in the best interests of the child, especially if it is lower than the guideline amount.

Does child support cover all expenses for my child?

Basic child support covers regular expenses (food, shelter, clothing), but parents may also share “special or extraordinary expenses,” such as medical costs, extracurricular activities, or educational fees, in addition to the guideline amount.

What if I don't know the other parent's income?

You can request that the parent provide proof of income, and the court can order disclosure if necessary. The FRO or court may also assist in determining accurate income information.

Additional Resources

If you need more information or assistance, the following resources can be helpful:

• Family Responsibility Office (FRO): Enforces child support payments in Ontario.
• Ontario Family Court (Markham region): Handles family law matters including child support.
• Legal Aid Ontario: Provides legal assistance for eligible individuals with family law issues.
• York Region Community Legal Clinic: Offers legal advice and services to residents of Markham and surrounding areas.
• Ontario Ministry of the Attorney General: Provides information and self-help materials regarding family law and child support.

Next Steps

If you need legal assistance with a child support issue in Markham, you should:

• Gather all relevant documents, such as income statements, court orders, and correspondence about your child support situation.
• Consider contacting a family lawyer or local legal clinic to discuss your case and get personalized legal advice.
• If eligible, apply for assistance with Legal Aid Ontario or seek free consultations that some lawyers offer.
• Contact the Family Responsibility Office if you need help with enforcing or collecting child support payments.
• Be proactive in addressing any changes in your financial or family situation by applying for a modification of your support order as soon as possible.
• Above all, prioritize the best interests of your child and seek amicable solutions where possible.