Best Child Support Lawyers in Pickering

About Child Support Law in Pickering, Canada

Child support in Pickering, Ontario (Canada) is guided by federal and provincial laws that aim to ensure children receive adequate financial support from their parents following a separation or divorce. The principles of child support dictate that both parents have a legal responsibility to provide for their children's needs, regardless of who has primary care or custody. The calculation and enforcement of child support are generally governed by the Federal Child Support Guidelines, which standardize the amount of support based on the paying parent's income and the number of children involved.

Why You May Need a Lawyer

Navigating child support matters can be legally complex and emotionally challenging. Here are common situations where seeking the advice or representation of a lawyer is beneficial:

• Disputes over the amount of child support owed or received
• Determining and proving income if a parent is self-employed or has variable earnings
• Requesting or contesting a change (variation) in an existing child support order
• Enforcing a child support order if payments are in arrears
• Dealing with child support issues across jurisdictions (when parents live in different provinces or countries)
• Addressing special or extraordinary expenses (such as medical or educational costs)
• Clarifying the legal rights and obligations if the child is over the age of majority but still dependent
• Understanding tax implications related to child support payments

A lawyer can provide personalized legal advice, negotiate settlements, and represent you in court if necessary.

Local Laws Overview

Pickering is located in Ontario; therefore, child support matters are managed by a combination of the Federal Divorce Act (for married parents who are divorcing) and the Ontario Family Law Act (for common-law or unmarried parents). The key aspects relevant to child support include:

• Child Support Guidelines: These set out a table of amounts based on the payor’s gross annual income and the number of children. Judges generally follow these guidelines.
• Special or Extraordinary Expenses: In addition to the base table amount, parents may be required to share costs for things like daycare, medical treatments not covered by insurance, or extracurricular activities.
• Enforcement: The Family Responsibility Office (FRO) in Ontario is responsible for collecting, distributing, and enforcing court-ordered child support payments.
• Income Disclosure: Parents are legally required to share financial information used to calculate child support.
• Adult Children: Support may continue past the age of 18 if the child is still dependent, such as attending school full-time or having a disability.
• Modifying Orders: Either parent can apply to change the support order if there's a significant change in circumstances.

Frequently Asked Questions

What is child support and who must pay it?

Child support is money paid by one parent to the other to help cover the living expenses of their child or children after a separation or divorce. Usually, the parent the children live with most of the time receives support from the other parent, regardless of whether the parents were married.

How is the amount of child support determined?

Child support payments in Pickering are determined using the Federal Child Support Guidelines, which base the payment amount on the payor parent's gross annual income and number of children. Additional expenses may also be shared.

Do I need a court order to receive or pay child support?

While informal agreements are possible, having a court order or a written agreement is highly recommended. This ensures clarity, legal enforceability, and support from enforcement agencies if payments stop.

What if the parent responsible for paying support refuses or stops paying?

If there is an order or agreement filed with the court, the Family Responsibility Office (FRO) can enforce payment through wage garnishments, property liens, driver's license suspensions, and other means.

Can child support be changed after the order is made?

Yes. Either parent can ask to change the support order if there has been a significant change in circumstances, such as a change in income or living arrangements.

Are both parents' incomes considered in calculating support?

Generally, only the income of the paying parent is considered for the base child support amount. However, both parents’ incomes are assessed when sharing special or extraordinary expenses or when parenting time is shared roughly equally.

How long does child support need to be paid?

Support is typically paid until the child turns 18. However, payments may continue if the child is still dependent due to illness, disability, or full-time education.

Is child support taxable?

No, child support payments are not taxable for the receiving parent and are not tax-deductible for the paying parent.

What qualifies as special or extraordinary expenses?

These can include childcare costs, health care not covered by insurance, educational expenses, and costs for extracurricular activities, if reasonable given the parents' means and the child’s best interests.

Do common-law parents have the same rights and responsibilities for child support as married parents?

Yes. Both married and unmarried (common-law) parents have the same legal obligations to support their children.

Additional Resources

If you need more information or assistance, the following resources can help with child support matters in Pickering, Ontario:

• Family Responsibility Office (FRO): Enforces child support payments within Ontario.
• Ontario Ministry of the Attorney General: Offers information and self-help materials about family law and child support.
• Legal Aid Ontario: Provides free or low-cost legal aid to those who qualify.
• Durham Region Family Court: Handles family law applications, including child support orders.
• Community Legal Clinics: These can provide advice and assistance concerning family law matters for eligible clients.

Next Steps

If you’re dealing with a child support issue in Pickering, here are recommended steps:

1. Document your situation, including income information, expenses related to your children, and details of your parenting arrangements.
2. Review the Federal Child Support Guidelines to get an idea of the support that may be appropriate.
3. Contact a family law lawyer in Pickering for a consultation. They can advise you on your rights, obligations, and the best way to proceed.
4. If cost is a concern, reach out to Legal Aid Ontario or a community legal clinic to see if you qualify for their support.
5. If you have an agreement or court order, file it with the Family Responsibility Office for enforcement if needed.
6. If negotiations break down or you need to change a support order, consider mediation, or apply to the family court for a determination.

Remember, legal advice tailored to your specific circumstances is crucial. Taking informed action can help ensure the best interests of your children are protected and enforced under the law.