Best Child Support Lawyers in Simcoe

About Child Support Law in Simcoe, Canada

Child support is a legal obligation that usually arises when parents separate or divorce. In Simcoe, as in the rest of Ontario, child support aims to ensure that children have the financial support they need, regardless of the living arrangements of their parents. The law requires parents to provide for their children's financial well-being, with payments typically based on income and the needs of the child. Child support covers the basic costs of raising a child, including food, shelter, clothing, education, and sometimes additional special expenses. The legal framework that governs child support in Simcoe follows both the federal Divorce Act and Ontario's Family Law Act, depending on whether the parents were married or not.

Why You May Need a Lawyer

Several situations can make professional legal advice invaluable when dealing with child support issues in Simcoe. These include:

• Uncertainty over the calculation of appropriate child support payments
• Disagreements with the other parent about the amount owed
• Challenges securing payment or dealing with missed payments
• Complex family situations, such as shared custody or blended families
• Requests to change existing child support arrangements due to changes in income, employment, or living circumstances
• Out-of-province or international child support enforcement

Local Laws Overview

Child support in Simcoe is governed by both federal and provincial legislation. If parents were married and are divorcing, the federal Divorce Act applies. For unmarried parents or those not seeking divorce, Ontario's Family Law Act is relevant. Key aspects of the law include:

• Support amounts are usually determined by the Federal Child Support Guidelines, which consider the payor's income and number of children
• Both parents are typically responsible for support, regardless of custody arrangements
• Special or extraordinary expenses, such as childcare, medical costs, or post-secondary education, may be shared in addition to base support payments
• Support orders can be enforced through the Family Responsibility Office (FRO) if payments are not made
• Child support generally continues until the child turns 18, but may last longer if the child is in school or has special needs
• Support obligations are recalculated if there are significant changes in the financial or life circumstances of either parent

Frequently Asked Questions

What is child support and who has to pay it?

Child support is money paid by one parent to the other to help cover the costs of raising their child. Usually, the parent with whom the child lives less of the time pays support to the parent with primary care.

How is child support calculated in Simcoe?

Support is most often calculated according to the Federal Child Support Guidelines, based mainly on the payor’s gross annual income and the number of children requiring support.

Do both parents have to pay child support if they share custody?

In shared custody situations, child support is usually calculated by determining what each parent would pay and then the parent with the higher obligation pays the difference to the other parent.

Can child support be changed after it is set?

Yes. If there is a significant change in income, living arrangements, or needs of the child, either parent can apply to adjust the support amount.

What happens if child support payments are not made?

Unpaid child support is collected and enforced through Ontario's Family Responsibility Office, which has the authority to garnish wages, suspend licenses, and take other steps to collect arrears.

Does child support cover things like school trips or extra-curricular activities?

Regular child support covers basic costs. Special or extraordinary expenses, like tutoring, camps, or certain school-related costs, may be shared separately between parents.

How long do I have to pay child support?

Typically, child support continues until the child turns 18. However, it may continue past 18 if the child is enrolled in a full-time educational program or is dependent due to illness or disability.

What if the other parent does not report all their income?

If you suspect the other parent is not reporting all income, you can ask the court for financial disclosure or an income determination to ensure support is fairly calculated.

Do step-parents have to pay child support?

In certain circumstances, step-parents might be ordered to pay child support, especially if they have assumed a parental role for the child, but this is assessed on a case-by-case basis.

Do I need a lawyer to get or change a child support order?

You do not legally need a lawyer, but having one can help you navigate the process, ensure your application is complete, and help present your case effectively in court or in negotiations.

Additional Resources

Individuals seeking further information or enforcement support for child support in Simcoe can contact or consult the following resources:

• Family Responsibility Office (FRO) – Enforces child support payments in Ontario and provides assistance if payments are missed
• Simcoe County Community Legal Clinics – Offers legal advice and assistance for family matters including child support
• Government of Ontario Family Law Information Centres – Provides information services at local courthouses on family law issues
• Ontario Ministry of the Attorney General – Access to forms, guides, and instructions for child support matters
• Family Court at Simcoe County Courthouse – For filing or changing child support orders and receiving court assistance

Next Steps

If you need legal assistance with a child support issue in Simcoe, consider taking the following steps:

1. Gather relevant documentation such as income records, custody arrangements, and any existing court orders
2. Identify the specific issue you are facing, such as determining the amount, seeking payment, or requesting a change
3. Contact a family law lawyer in Simcoe for a consultation. Many offer free or low-cost initial consults
4. Visit your local Family Law Information Centre for additional guidance and resources
5. If urgent, you may file an application or motion directly at the Simcoe County Courthouse for immediate child support relief
6. Ensure any agreements or court orders are registered with the Family Responsibility Office for enforcement if needed