Best Child Support Lawyers in Sault Ste. Marie

About Child Support Law in Sault Ste. Marie, Canada

Child support law in Sault Ste. Marie, Ontario, is governed by both federal and provincial legislation. The primary laws include the Federal Divorce Act for divorced parents and Ontario's Family Law Act for separated parents who were never married. Child support is a legal obligation requiring parents to provide financial support for their children after a separation or divorce. The amount of child support is determined mainly by federal or provincial guidelines, aiming to ensure the child's needs are met and their standard of living is maintained. The courts generally consider the best interests of the child in any support decision.

Why You May Need a Lawyer

While some child support matters can be resolved amicably, there are several situations where legal help is particularly valuable:

• You are unsure about your rights or obligations as a parent.
• There are disagreements about who should pay support or the amount of support required.
• You suspect that the income information provided by the other parent is inaccurate or incomplete.
• You need to enforce an existing child support order because payments are not being made.
• Your financial circumstances have changed and you wish to vary (change) an existing support order.
• The child has special expenses or needs, such as medical or educational support.
• You or your child are experiencing family violence or control, making negotiation difficult or unsafe.
• The other parent lives outside Ontario or outside Canada, raising concerns about cross-border enforcement.

Local Laws Overview

In Sault Ste. Marie, as part of Ontario, the determination and enforcement of child support follow specific legal guidelines:

• Federal Child Support Guidelines: Used to calculate the base amount of support, keyed to the payor’s income and number of children.
• Family Law Act (Ontario): Applies to parents who are not divorcing under federal law, for example, those who were never married.
• Special and Extraordinary Expenses: These can include medical, educational, or extracurricular expenses, which may be shared by the parents on top of the base amount.
• Enforcement: The Family Responsibility Office (FRO) is an Ontario agency that helps enforce child support orders and agreements if payments stop.
• Modification: Support orders can be varied if there is a substantial change in circumstances, such as loss of employment or a child reaching adulthood.
• Retroactive Support: Courts may order back payments if support was not paid or arrangements were not made in a timely manner.

Frequently Asked Questions

What is child support?

Child support is money paid by one parent to another to help cover the costs of raising a child after separation or divorce.

How is the amount of child support calculated?

It is usually determined by the Child Support Guidelines, which take into account the paying parent's income and the number of children requiring support.

Do I need to go to court to get child support?

Not always. You can make a written agreement with the other parent. However, a court order or registered agreement is easier to enforce if payments stop.

What if the paying parent does not live in Ontario?

Ontario has agreements with other Canadian provinces and many countries to help enforce support. The Family Responsibility Office (FRO) can assist in cross-border cases.

Can child support be changed after it’s been set?

Yes. If there is a significant change in circumstances, such as a change in income, you can apply to vary the support order or agreement.

What if the other parent is not paying as ordered?

The FRO can take action to enforce child support orders, including wage garnishments, bank account seizures, or suspension of driver’s licenses.

Does child support cover all child-related expenses?

Basic child support covers regular expenses, but parents may also share special or extraordinary expenses, such as daycare, medical, or school costs.

Will child support end automatically when my child turns 18?

Not always. Child support can continue past 18 if the child is still dependent due to education, disability, or other reasons outlined in the order or agreement.

Can I get child support if we were never married?

Yes. Whether parents are married, divorced, or never married, both have a legal responsibility to support their child.

Do I need a lawyer to handle child support issues?

While it’s not required, a lawyer can help protect your interests, especially in complicated or contested cases.

Additional Resources

If you need more information or assistance regarding child support in Sault Ste. Marie, consider the following resources:

• Family Law Information Centre (FLIC): Located at the courthouse in Sault Ste. Marie, offering free information and advice.
• Family Responsibility Office (FRO): Enforces child support orders and agreements in Ontario.
• Legal Aid Ontario: Provides legal help services and may offer legal representation for those who qualify.
• Canadian Department of Justice – Child Support: Offers info and tools including the Child Support Guidelines calculator.
• Community Legal Clinics: May provide legal advice or assistance for eligible individuals in Sault Ste. Marie.

Next Steps

If you need legal assistance with child support in Sault Ste. Marie, you might consider the following steps:

1. Gather Documentation: Collect relevant documents, such as financial statements, past support orders, and any correspondence regarding child support.
2. Research Your Options: Consider whether you and the other parent can reach an agreement or if you need court intervention.
3. Contact a Family Law Professional: Seek advice from a lawyer familiar with child support law in Ontario.
4. Visit the Local Family Law Information Centre: Drop in for free help and information at the courthouse.
5. Determine Your Eligibility for Legal Aid: Contact Legal Aid Ontario to see if you qualify for subsidized legal assistance.
6. Follow Legal Procedures: If needed, file the necessary court applications or register your agreement with the Family Responsibility Office.