The legal obligation to support a child financially exists regardless of the relationship between the co-parents and independent of the relationship between the paying parent and the child. Financial support is the child’s right; a parent cannot waive it or refuse to accept it.
The amount of child support owed depends on multiple factors, and calculating child support in Toronto is complex. Our experienced family lawyers are aware of all possible reasons for deviations and can help you determine the correct payment.
The government establishes a base amount of child support, often called the table amount. The table amount considers the paying parent’s gross income, province of residence, and the number of children the payment supports. The paying parent is the parent who does not provide the child’s primary residence.
For parents who earn their income as employees, their gross income for guidelines is found on Line 150 of their tax return. When a parent is self-employed, a business owner, or derives significant income from sources other than salary, determining gross income for child support calculation purposes is more challenging.
Courts have the authority to average income over several years if a parent’s income fluctuates, impute income if they believe a parent has underreported it, and even scrutinize corporate income when a parent is a corporate officer or director. Working with a child support lawyer in Toronto can ensure there is appropriate documentation to support the gross income a parent used to calculate the table amount.
Once a parent has ascertained the table amount of child support they owe, they must consider additional expenses known as Section 7 expenses. These include:
When parents agree on Section7 expenses, each contributes a pro-rata share based on their income.
When parents disagree, the parent requesting Section 7 expenses must prove that the expenditure is necessary to serve the child’s best interests. The parents must also prove that the expense is reasonable based on their’ incomes and their spending when they lived together as a family.
Parents who disagree on the necessity of specific Section 7 expenses could negotiate through their Toronto lawyers or work with a mediator to calculate the amount of child support they owe. Once a separation agreement is filed with the court, a parent wishing to contest a specific Section 7 expense could request a modification. However, the court may require proof that the expense is no longer reasonable or necessary to further the child’s best interests.
The table amount plus the pro rata share of Section 7 expenses constitutes the final child support amount in many cases. However, there are situations that may require an adjustment in the interest of fairness.
The table amount assumes the recipient parent cares for the children at least 60 percent of the time, but many parents share parenting time more equally. When both parents have the children at least 40 percent of the time, the parent with the higher table amount pays the difference to the co-parent.
Ontario courts presume that the more resources available to a child, the better. Therefore, a child may receive support from both a biological parent and a stepparent. In that case, the stepparent could request a payment lower than the table amount.
The table amount when a parent’s gross income exceeds $150,000 can be substantial. A high-income parent might request a reduction in their child support obligation.
A court would consider the child’s lifestyle when the parents lived as a family, the receiving parent’s resources, and the reasonableness of the table amount considering all the surrounding circumstances. A high earning parent seeking a reduction in their child support obligation should engage an experienced Toronto lawyer, because courts generally are reluctant to deviate from the table amount for this reason, absent compelling arguments.
Both parents must bear the cost of raising a child. The child support guidelines attempt to ensure that a child’s standard of living does not suffer significantly when their parents live apart.
Calculating child support in Toronto requires understanding the guidelines and the common deviations. Our lawyers have the required expertise, and someone is available 24 seven to answer your questions. Reach out today.
Now you can have your Consultation with Paul Riley any time from the comfort of your own home. With video calls from Zoom, your Team at The Riley Divorce & Family Law Firm can meet with you virtually, and learn about your case. All you need is a smartphone, tablet, laptop, or desktop with a built-in camera and microphone.
Paul Riley Law Office
