What You Ought to Know About Child Support in Ontario

Child support in Ontario is a major issue for many who are divorced and have children. This payment is meant to secure the welfare of the child, and must be paid in absence of another agreement. While you might know the basics behind child support, it is important to keep a few things in mind. You must know that it is based on your income, can be changed, and that it must be paid – with very few exceptions, this is a major parental duty.

Child Support is Income Based

Child support is absolutely based on income, with a minimum level that is set by the paying parent’s earnings. While it is possible for a parent to plead hardship, it is usually the duty of the non-custodial parent to pay at least some form of support. It does not matter if one’s spouse remarried or if the individual paying has other children in a new marriage – Ontario determines its child support based on what a parent would likely spend had he or she remained in the life of the child. As such, this is one duty that is not easily discharged by the party who does not have custody.

Once you have the order to pay child support, you are required to continue paying that amount until it is modified by the court, by agreement or when the child reaches the age of majority. It is wise to remember that Ontario considers children pursuing a full-time secondary education to still be within the scope of child support, so parents of those over eighteen who are still in college may still be responsible for their child’s support depending on the terms of the agreement and Ontario law.

Child Support Can Change

While required, the courts do not hold an individual to an impossible standard. If the non-custodial parent loses his or her job or otherwise has a reduction in income, the amount owed by that parent will be reduced. If that parent has a spouse who has an income, that income will only be considered if the non-custodial parent pleads hardship. Otherwise, the amount owed in child support will always be in proportion to the amount that the individual earns. This keeps the burden from becoming an undue hardship on those who legitimately cannot pay.

If you are in the middle of a divorce and it involves children, always remember that custody and child support are going to be major issues. The more you know about child support today, the better you can prepare for the future. If you need to learn more about child support in Ontario or you are unsure about your current or future payments, the best step to take is to contact a qualified family law attorney.

Child support is an area you should not deal with alone. Specialized Family Lawyers can help make the process easier and simpler. Contact one of the Toronto divorce lawyers at Fine & Associates today.