Advocating For Your Rights

Not all cases fit into the calculations set out in the Child Support Guidelines. In some cases, people care for their children for an equal or nearly equal amount of time, and a more complicated analysis is necessary. There may also be additional expenses over and above the guideline amount, known as special or extraordinary expenses, which require additional contribution by both parties. Sometimes, the payor’s income is unreasonably low and must be grossed up or imputed to accurately reflect what he or she should be paying. On other occasions, accurately determining what the payor’s income is for child support purposes (for example for self-employed individuals) can be complicated.

The increasing prevalence of blended families may mean that more than two people have a financial obligation to support a child. These cases, where a non-biological parent has nevertheless stood in the place of a parent to a child, require a special method for calculating support, and determining if support should be paid.

In Ontario, support is the right of the child, and cannot be negotiated away by either party. This “child support first” model can affect divorce, spousal support, and even property division in certain cases. Let us assist you to ensure that your child receives the support that is fair and required under law.