
A lot of false information regarding child support is out there. This includes inquiries about who is responsible for paying child support, how much it is, and the potential repercussions of nonpayment. When navigating the child support system, it's common to feel confused and have questions. Even while you want to act morally, you may not know what the "right thing" is.In actuality, each person's circumstances may differ slightly. Despite their well intentions, asking friends or family for guidance might not be the best course of action. What worked for them might not work for you.This guide's objective is to help you get started by offering some fundamental information and resources about child support in Ontario.
What is Child Support?
Legally, parents are still liable for their children's financial support whether or not they live together. A parent's regular, continuous contribution to maintain their child is known as child support.
Who Must Make Child Support Payments?
The following individuals may be obligated to pay child support under the Family Law Act of Ontario's definition of "parent":
Adoptive parents as parents
People who have a parent-like relationship with the child, such as stepparents. In certain situations, a formal agreement between the parents—using instruments like a separation agreement—determines the amount owed and who is responsible for paying; in other situations, the court makes the decision.
How Much Does Ontario Child Support Cost?
Seven provinces, including Ontario, adhere to federal child support requirements. Parenting time, annual income, and the kid's requirements are some of the variables that affect how much child support each parent is required to pay. In addition to unusual or extraordinary expenses, which are allocated differentially between the parties based on the child's and the parties' circumstances, there is standard child support, which is established by a defined computation.
You can use the Canadian Department of Justice's comprehensive guide to federal child support to determine the amount of child support that is due and who is responsible for paying it. As you go through the guide, you can also use the Child Support Tool to keep track of specifics. The "Table Child Support" system is used to control child support, which is decided by a mathematical calculation.
Ontario's Child Support Enforcement
The Ontario government's Family Responsibility Office, or "FRO," is in charge of upholding registered domestic agreements and child support obligations.
FRO will automatically get involved if the court has ordered you to pay child support. However, if you want FRO's assistance in enforcing or monitoring payments, you must register any child support agreements or contracts you have signed outside of the legal system. You and the other parent or parents may also decide to control child support on your own and waive FRO's involvement.
Both parties have access to a clear record of payment when child support is paid through the FRO office. To keep a clear record of payments, you can pay child support using checks, bank transfers, or electronic transfers if you are not utilizing FRO.
What occurs if you don't make your support payments on time?
FRO advises you to get in touch with their office as soon as possible to arrange a repayment plan if you fall behind. They will collaborate with you to develop a plan that will enable you to continue paying ongoing assistance while making repayments. Working up a plan with FRO voluntarily may help you avoid enforcement action.
What occurs if you fail to make your support payments on a regular basis?
Enforcement action may be taken by FRO if support payment obligations are not fulfilled.
Enforcement action may have the following repercussions, among others:
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taking money out of your bank account
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removing up to 50% of the balance from your joint bank account.
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taking assistance out of federal government payments
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suspending your driver's license and reporting you to the credit bureau
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A notice of default hearing in family court may also be sent to you by FRO. The parent who has not paid may be subject to more severe penalties, like as jail time, if the case reaches the hearing stage and is still unresolved. You are not required to have a lawyer, even though you may like to have one.
How to Reduce Ontario's Child Support Payments
Many individuals believe that the issue will be resolved once the amount of child support due is determined. In actuality, child support obligations may vary over time in response to evolving circumstances.
Ontario may lower child support payments for the following reasons:
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shift in income; the remarriage of a former spouse; or
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After turning 18, the youngster completes their studies or finds employment.
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A motion to alter form must be submitted to the court if the child support is being paid in accordance with a court order.
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A new agreement should be written and submitted to the court if child support is being paid in accordance with a contract or domestic arrangement.
When Does Ontario's Child Support End?
When a kid in Ontario turns 18, child support often (but not always) stops.
Payments for child support may cease before the age of 18 if
The minor dependent marries; or
They have chosen to become independent and are at least 16 years old.
In certain situations, responsibilities do not always cease when your child turns 18. An adult child will not be eligible for child support if they are self-sufficient. However, an adult child may still be eligible for child support if they are reliant on their parents because of a disease, disability, or other circumstance.
For instance, your adult kid may still be eligible for support if they are enrolled in a post-secondary institution and you have traditionally covered their tuition and living expenses.
If you have any questions regarding child support matters, please reach out to Sunwood Law.