Child Support – Sources of Income

According to s.16 of the Federal Child Support Guidelines, in order to determine the quantum of child support, you must first calculate a payor’s total income.   The courts have evaluated certain types of “income” and considered whether or not it should be considered in determining the payor’s income: (more…)

Child Support – When is the Recipient’s income Considered?

Our family lawyers frequently get asked by support payors when is their spouse’s income considered in relation to child support.  A recipient’s income is relevant in the following circumstances: (more…)

Severance Pay in Determining Income for Child Support

When one obtains severance pay from his/her employer, it is considered income for the purposes of determining child support.  Most payors seem to believe that it is an asset rather than income.  This is incorrect.  Severance pay is income replacement.  As such, it is considered in evaluating child support obligations. (more…)

Child Support – Disabled Child

Section 31 of the Family Law Act states that “Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so.  The support obligation does not extend to a child who is 16 yrs of age or older and has withdrawn from parental control”. (more…)

Child Support – Adult Children

Adult Children (ie. over the age of 18 yrs) are only entitled to child support if they are dependents as defined by the Divorce Act and the Family Law Act.  An adult child is entitled to child support if he/she is “enrolled in a full time program of education”.   Various court decisions have held that it is not sufficient for the adult child to simply be enrolled in school on a...

Section 16 of the Federal Child Support Guidelines – Calculation of Income for Support Purposes

This section provides that in determining a person’s income for child support purposes, you must look at the total income until line 150 in a person’s Income Tax Return and adjust the income as required by Schedule III to the Guidelines. (more…)

Section 10 of the Federal Child Support Guidelines – Undue Hardship

This section of the Guidelines provides that a court may “award an amount that is different from the amount determined under the Guidelines, if the court finds that the spouse making the request, or a child in respect of whom the request is made, would otherwise suffer undue hardship”.   Although the Guidelines does not specifically define “undue hardship”, the court...

Section 9 of the Federal Child Support Guidelines – Shared Custody

This section addresses the situation when a spouse “exercises a right of access to, or has physical custody of, a child for not less than 40% of the time over the course of a year”. (more…)

Section 8 of the Federal Child Support Guidelines – Split Custody

Split custody is when each parent has custody of one or more of the children.  The Act provides that the “amount of a child support order is the difference between the amount that each spouse would otherwise pay if a child support order was sought against each of the spouses”. (more…)

Section 7 of the Federal Child Support Guidelines – Special or Extraordinary Expenses

This section provides for the payor to pay additional monies to the recipient, over and above base child support, to “cover all or any portion” of the “special or extraordinary expenses” for the child.  The preamble of section provides that the expenses may be “estimated”. However, it is my experience that if you are seeking contribution for past...