Toronto Child Support Lawyers
There are specific guidelines established by Canadian and Provincial laws for child support. In recent years, these guidelines have been simplified to make it easier to determine the amount of child support and the amount of payments. However, even with these improved guidelines, there are still times when issues or disputes arise between the parents. Anytime there is a dispute regarding child support, it is highly recommended to seek professional legal assistance from Niroomand Family Law.
Some of the common disputes with child support are obtaining child support for cohabitating couples and unmarried parents, enforcing payments by the non-custodial parent, requiring additional support for extraordinary expenses, and changes in custody, which can affect the amount of child support. It is important to remember, even though you are getting divorced, it does not excuse you from your responsibilities as a parent. Both parents are equally responsible to provide care and support for their children.
With child support and access (visitation) agreements, normally one parent will be the custodial parent, who the children reside with the majority of the time. The other parent is the non-custodial parent and is responsible for paying child support to provide assistance for their children for normal expenses, such as clothing and food, as well as receives regular access to the children.
Who Determines Child Support Payments?
Child support payments are established by the Federal Child Support Guidelines. These guidelines are used by the court and divorce lawyers in Toronto to determine an acceptable amount of monetary support. The incomes of both parents are considered, as well as whether one parent is paying for childcare, healthcare, and extracurricular and educational activities. In this case, the amount of child support may be reduced to offset the money the parent is already paying for the additional expenses. Additionally, the court reviews the child custody and access agreement to evaluate the amount of time the children are spending with each parent.
How Does Custody Affect Child Support Payments?
The amount of time each parent has access to their children can affect child support payments. In shared custody agreements, where each parent has the children at least forty percent of the time, child support amounts are determined differently. In this case, neither parent could be required to pay support, but if one parent has a higher income, the court might only require the parent to pay a small amount of child support, to help with the financial offset.
In cases where there is a sole or joint custody agreement, one parent will have the children less than forty percent of the time and are considered the non-custodial parent. In addition, they are required to pay child support. Although, the non-custodial parent can request a reduction in support payments, as long as they can demonstrate the current payments creates an undue hardship.
Who Enforces Child Support Payments?
The Family Responsibly Office (FRO) is the government agency responsible for enforcing child support payments. Normally, the non-custodial parent makes all support payments directly to the FRO. The FRO then reissues the payment to the custodial parent. In addition, the FRO keeps track of all payments, non-payments, arrearages, and short payments. The FRO can initiate legal action should the non-custodial parent stop making payments.
Who Can Request a Modification to a Child Support Agreement?
Both parents have a right to request modifications to a child support agreement. The reasons for the modification could be the result of a change in income, change in custody and access, or change in employment. In order to request a modification, the parent desiring the modification needs to work with their family lawyer in Toronto to start the process. Their lawyer files the appropriate paperwork and supporting documentation to the court and requests for a review hearing in court, in the presence of a judge.
Keep in mind, the non-custodial parent is still responsible for all child support payments until a modification is approved by the court. For assistance in filing a child support modification or establishing an initial child support agreement, schedule a consultation at Niroomand Family Lawby phoning 800-567-0256 today.