Paying child support is a key responsibility that is often imposed in the context of contested or uncontested divorce proceedings but may arise in many other situations, such as when one party is seeking a declaration of parentage. As a skilled child support lawyer from The Riley Divorce & Family Law Firm could explain in more depth, child support is commonly paid by the party with less parenting time or by the parent who earns more money than the other.
Ontario’s child support laws govern how the amount of support is determined. However, certain factors, such as the payor parent having a high income, can lead to a deviation from these standards. If you are facing a determination of child support in a high-income case, you need to make sure you have qualified legal assistance. A Kawartha Lakes high-income child support lawyer with extensive experience navigating and litigating these complex matters could provide the tireless representation you deserve at every stage of your case.
Generally, several factors dictate how child support is assessed under the Divorce Act or the Family Law Act. These include the gross income of the paying parent (and sometimes, the recipient parent), the number of children in question, and the provisions of the federal and provincial guidelines governing child support calculation.
In many cases, the parent with whom the child has primary residence will be the parent to whom support is paid. However, there are many situations where parenting time is shared on an equal or near-equal basis by both parents. Should these circumstances prevail, the court may also consider the expenses incurred by both parties due to the shared parenting time arrangement and the unique situations involved, in addition to the guidelines governing support amounts.
Federal child support tables outline the support amount a payor parent is obligated to provide based on their income and the number of children they have. If you or your child’s other parent are a high-income earner, it is likely that multiple forms of income will bear upon the calculation of child support, and it may be wise to consult with a Kawartha Lakes lawyer immediately, who can offer additional legal clarity. For example, forms of income that may be considered for the purposes of child support can include traditional forms of income, such as the parent’s annual salary, as well as other types of income, like self-employment income or stock options.
As a payor parent, because your income and the number of children you have are the leading factors that determine your table child support amount, the more income you earn or the more children you have, the greater the percentage of your income that would be applied to support amounts. In practice, this can impose a substantial child support obligation for high-income earners.
The law allows the court to deviate from the table requirements for individuals who earn above $150,000 per year. However, the court also has the option to impose the required table amount on the payor parent, no matter how substantial the child support amount that might be assessed.
If the court does decide to deviate from the table requirements, the law allows them to apply the table percentages for the first $150,000 of your salary, then apply a required percentage as child support on the remainder of your income based on what they deem most suitable. Considering the complexities of these cases, and the broad discretion due to the court in high-income child support cases, it is vital to work with a Kawartha Lakes lawyer who has expertise in these legal matters and can zealously represent your legal rights.
Regardless of whether a child’s parents were married previously or not, both parties have a legal obligation to ensure the care, support, and welfare of their child, including seeing to their financial well-being. A Kawartha Lakes high-income child support lawyer could advocate for your interests at the negotiating table or in the courtroom while keeping your child’s best interests at the forefront of all proceedings.
Call our office to speak directly with a lawyer about your case, and to discuss your legal options during a private consultation. Our lawyers are available 24/7 to support you.
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