About Child Support Law in Toronto, Canada
In Toronto, Canada, the Federal Child Support Guidelines under the Divorce Act establish the amount of child support that a parent must pay. These guidelines have been designed to ensure a fair contribution towards the costs of raising a child by both parents, based on their relative income and the number of children they have. Parents are required by law to financially support their children, even if they do not see or care for them. Child support extends until the child is 18, but may continue if the child is unable to become self-supporting due to illness, disability, or pursuing education.
Why You May Need a Lawyer
Child support matters can be complex and emotionally charged. You might need a lawyer in situations such as disputing the amount of child support, enforcing child support orders, altering child support due to changes in circumstances, setting up a child support agreement for the first time after separation or divorce, or if there are complications with international or interprovincial child support. A lawyer can advocate for your interests and ensure that your child's rights are protected.
Local Laws Overview
The Federal Child Support Guidelines are the main governing regulations for child support in Toronto, Canada. These guidelines set the standard support amounts based on the income of the parent paying support and the number of children they are responsible for supporting. The guidelines also include provisions for shared custody arrangements and special expenses such as daycare, medical expenses or post-secondary education. It is worth noting that judges can deviate from these guidelines in special circumstances if following them would result in an unfair outcome.
Frequently Asked Questions
How is child support determined?
Child support is determined based on the Federal Child Support Guidelines, which consider the income of the non-custodial parent and the number of children in need of support.
Can child support be altered?
Yes, child support can be modified if there is a significant change in circumstances, such as a job loss, a large increase in income, a change in custody, or a change in the needs of the child.
How long does child support need to be paid?
Generally, child support continues until the child turns 18. However, support may continue past this age if the child is unable to be self-supporting due to illness, disability, or because they are still in school.
What happens if child support is not paid?
If child support is not paid, there are consequences such as wage garnishment, seizure of property, revocation of passports, and even jail time.
Do I still have to pay child support if I have joint custody?
Even if you have joint custody, you may still have to pay child support if there is a significant difference in income between you and the other parent.
Additional Resources
People needing assistance with child support matters can reach out to the Ontario Ministry of the Attorney General, which provides resources related to family justice services. Legal Aid Ontario may be helpful for those who cannot afford a lawyer. The Department of Justice Canada's website also provides the full text of the Federal Child Support Guidelines and an online child support calculator.
Next Steps
If you need legal assistance with child support, consider contacting a family law lawyer. They can assist you in understanding your rights and responsibilities, and guide you through the legal process. You can also contact Legal Aid Ontario to see if you qualify for their services. Always remember to bring all relevant documents, such as previous court orders, financial statements, and any other relevant information to your legal consultations.
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