Child Support

We live for our children. There is no other way to look at it. No matter what is happening with our spouse or common law partner, we simply cannot let our children down. Upon the dissolution of the relationship, one party may have primary care and control of the children, while the other party could have limited parenting time with the children.

The party continuing to raise the children may feel overwhelmed given the circumstances. Whatever the case is, upon a dissolution of a relationship, it is important to PROTECT THE INTERESTS of the party that stands to lose, while continuing to take care of their children.

Let us relieve you from this burden and ensure that you receive adequate child support payments upon dissolution of marriage or common law relationship. 

Both the Divorce Act and the Family Law Act contain provisions related to child support. Both acts have guidelines required for appropriate child support payments.  

The parent that does not have primary care and control of the children (having less than 40% of parenting time) is expected to contribute child support payment, at times in conjunction with consideration of the primary parent’s income. 

In order to obtain a starting point, the incomes of each spouse, the number of children and the province of residence can be entered into an online calculator.

The calculation of child support is a three-step process:

  1. Determining the basic amount of child support using the guideline tables (referred to as section 3 expenses);
  2. Determining section 7 expense add-ons which are special or extraordinary expenses that include childcare expenses, healthcare premiums attributable to each child, post-secondary education and extra-curricular activities ; and
  3. Determining any claim for undue hardship 

We encourage parties, if possible, to consider in joint contribution in any special or extraordinary expenses. 

Of importance is the consideration of retroactive child support, for which a claim can be made up to child support three years in the past, and the Child Support Recalculation Program which is an administrative service that recalculated child support obligations on a yearly basis. 

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