Frequently Asked Questions Regarding Divorce, Separation and Mediation
Child Support FAQs - Can't Find the Answers ?
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FAQs - Child Support
Q: Do I have to pay child support or accept child support?
Yes. Child support is for your child. It is your child’s right to receive child support. By law both parents are required to financially support their children.
Q: What are Federal Child Support Guidelines?
The Federal Child Support Guidelines are tables of the base amount of child support to be paid based on an individual’s gross annual income, legislated by the Federal Government of Canada. The calculation and amount of child support to be paid can vary depending on your parenting arrangement.
Q: My child is 18. Can I still apply for child support for him/her?
The answer depends upon whether you will be making the application under the Divorce Act or under the Family Law Act.
The Divorce Act says that you can apply for support for a child if the child is still dependent by reason of illness, disability, or other cause. The Divorce Act does not set a limit in terms of the child’s age.
The Family Law Act says that you can apply for child support if the child is still dependent because they are going to school on a full time basis. “Full time” is as it is defined by the school that the child is attending. Support can be ordered to be paid only up to age 22.
Q: My child is under the age of 18 but does not live with me or the other parent. Do I still have to pay the other parent child support?
In most cases, you do not have to pay child support for a child who has withdrawn from their parents’ charge. If you and the other parent do not agree that child support should no longer be paid, you may make a court application for an order that child support is no longer payable for that child.
Q: How can I stop child support now that my child is an adult?
If your child is over the age of majority, and is no longer dependent, then you may no longer have to pay child support. You may wish to make a court application for an Order saying that child support is no longer payable for that child.
If you pay through Maintenance Enforcement, contact their office.They will contact the recipient and request a child status update from the other parent. If that shows that the child is no longer dependent, they will stop enforcing the support for that child.
Q: What are Federal Child Support Guidelines?
The Federal Child Support Guidelines are tables of the base amount of child support to be paid based on an individual’s gross annual income, legislated by the Federal Government of Canada. The calculation and amount of child support to be paid can vary, depending on your parenting arrangement. For information on child support see http://www.justice.gc.ca/eng/rp-pr/fl-lf/child-enfant/guide/toc-tdm.html. For the Child Support Table Look-up see http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp.
Q: Do I have to pay child support or accept child support?
Yes. Child support is for your child. It is your child’s right to receive child support. By law both parents are required to financially support their children.
Q. Is the amount of child support the same when parents have a shared custody arrangement as when one parent has primary care?
No. When parents have a shared custody/parenting arrangement, the amount of child support to be paid is the difference between the amount of child support amount set out in the Federal Child Support Guidelines for each parent’s income.
Q. How are fees for extra-curricular activities, school fees, childcare expenses and other expenses to be paid
Federal Child Support Guidelines requires that those fees are paid in proportion to the parents’ incomes. For more information on Special and Extra-ordinary expenses visit http://www.justice.gc.ca/eng/rp-pr/fl-lf/child-enfant/guide/step7-etap7.html
Mediation
Mediation providing options and assisting you with resolving matters to reach an agreement when dividing property, dealing with parenting matters, child support & spousal support. Learn more here
Uncontested Divorces
Separation Agreements & Uncontested Divorce We work closely with you to prepare your comprehensive separation agreement and/or uncontested divorce documents Learn more here
Paralegal Services
As qualified paralegals, we are able to offer a range of additional paralegal services such as pre-nuptial, co-habitation and separation agreements, transfers of land… Learn more here
Parenting after Separation
Parenting After Separation Course is a two hour on-line course or a six hour seminar offering information to guardians and parents about the separation and divorce process, the effects of separation and divorce on children… Learn more here
IMPORTANT DISCLAIMER: At WIN/WIN Divorce Resolution we will provide you with information but we do not offer legal advice. Should you require legal advice, you should consult with a lawyer specializing in family law. If you do not have a lawyer, we can refer you to a lawyer to obtain legal advice.