Child Support
The information below is general in nature and not intended to be a substitute for legal advice. It is not a simple matter to determine whether an individual is or will be liable for child support. If you are concerned that you may be liable for support or wonder whether you are able to claim child support following a separation, please contact our offices.
Upon a separation, a person may be required by the court to provide support for a dependent spouse or child. If the parties agree, support can be provided through a separation agreement.
The rules relating to child support apply equally to opposite-sex and same-sex relationships.
The Amount of Support
In all cases, the amount of child support is calculated on the basis of Child Support Guidelines, which stipulate the support payable. The amount of support is based on the income of the non-custodial parent, generally without regard to the income of the custodial parent.
In addition to a basic amount of child support, the court can also order the parents to share the cost of such additional expenses as day-care, medical and dental expenses, university education and extracurricular activities.
Child support is generally paid until a child is 21 years old, although the payments can continue beyond the age of 21 if a child remains dependent because of illness, disability or the pursuit of post-secondary education.
It is important to be aware that child support is not tax-deductible and is not taxable income for the parent receiving the support.
Who is Liable to Pay Child Support?
Typically, the non-custodial parent pays child support to the custodial parent for the care and maintenance of the child.