Best Child Support Lawyers in Stratford

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McDonald Simon LLP

Stratford, Canada

Founded in 1972
English
McDonald Simon LLP has been a cornerstone of the Stratford, Ontario community for over 50 years, offering comprehensive legal services in business law, real estate, wills and estates, family law, appeals, and civil litigation. The firm's longstanding presence underscores its deep-rooted commitment...
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About Child Support Law in Stratford, Canada

Child support in Stratford, Ontario, and across Canada, exists to ensure that children receive adequate financial support from their parents, even after a separation or divorce. These laws are governed by the federal Divorce Act (for married parents divorcing) and Ontario’s Family Law Act (for unmarried or common-law parents). Child support payments are typically calculated based on federal or provincial Child Support Guidelines, considering the paying parent’s income and the number of children requiring support.

Why You May Need a Lawyer

Seeking legal advice for child support matters can be crucial in various circumstances, such as when you are unsure about your obligations or rights, experiencing difficulties getting an existing order enforced, needing to vary a current order due to a change in circumstances, or departing from the Child Support Guidelines. A lawyer can also help if you are dealing with complex situations such as self-employment, shared custody, or cross-border issues, or if you believe the other parent is not disclosing income accurately.

Local Laws Overview

In Stratford, as part of Ontario, child support is determined based on the Child Support Guidelines which set mandatory minimum payments based on the paying parent’s income and number of children. Courts generally do not deviate from these Guidelines unless there are exceptional circumstances. Both parents, regardless of marital status, have a legal duty to financially support their children. Child support includes basic amounts as well as possible “special or extraordinary expenses” (such as medical care, daycare, or educational needs). Both parents have an obligation to provide full financial disclosure, and enforcement is handled by Ontario’s Family Responsibility Office (FRO).

Frequently Asked Questions

What is child support?

Child support is money paid by one parent to another to help provide for the financial needs of their child or children after a separation or divorce.

Who must pay child support in Stratford, Canada?

Generally, the parent who spends less time with the child (the non-custodial or access parent) pays child support to the parent with primary care of the child.

How is the amount of child support decided?

The amount is typically determined by the Child Support Guidelines, which use the paying parent’s gross annual income and the number of children to calculate payments.

Do I have to pay child support if I share custody?

Yes, parents who share custody may each have a child support obligation. The amounts are usually set off, with the higher-income parent paying the difference.

Can child support cover expenses beyond basic needs?

Yes, child support can include special or extraordinary expenses such as childcare, medical expenses, extracurricular activities, and educational costs, in addition to the guideline amount.

How long do child support payments last?

Support is generally paid until the child turns 18, but it may continue longer if the child remains dependent due to schooling, disability, or other reasons as defined by law.

What if the paying parent is not working or underreporting income?

Courts can impute income based on evidence, meaning they may assign an income amount they believe reflects the parent’s earning potential, even if they are not currently earning that amount.

Can I change my child support order if my circumstances change?

Yes, either parent can seek a variation of the child support order if there is a significant change in circumstances, such as a job loss or change in custody arrangements.

What should I do if the other parent is not paying child support?

You can seek enforcement through the Ontario Family Responsibility Office (FRO), which can take steps such as garnishing wages or suspending driver’s licenses to collect unpaid support.

Can we settle child support without going to court?

Parents can reach an agreement on child support informally or through mediation; however, it is recommended to formalize the agreement by obtaining a court order to ensure it is legally enforceable.

Additional Resources

If you need more information or help with child support in Stratford, consider the following resources:

  • Ontario Family Responsibility Office (FRO) – For enforcement and information on payments.
  • Legal Aid Ontario – For eligible individuals needing legal assistance.
  • Stratford Family Court – For filing applications or variations.
  • Ministry of the Attorney General – Family Law Information Centres (FLIC) in Stratford provide information and referrals.
  • Community Legal Clinics – Offer free or low-cost advice for those who qualify.

Next Steps

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

  • Gather essential documents such as income statements, previous agreements, and records of communication with the other parent.
  • Contact a local family law lawyer or visit a Family Law Information Centre for initial guidance.
  • Consider mediation or alternative dispute resolution if you wish to reach an agreement without going to court.
  • If enforcement is needed, reach out to the Family Responsibility Office.
  • Keep records of all payments and correspondence for your own protection.
  • Act promptly, especially if there are urgent financial needs or if child support is not being paid as required by law.

Getting qualified legal advice as early as possible can help protect your rights and ensure your child’s best interests are met.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.