Understanding Child Support in Ontario
Whether you are seeking child support for your child or you need to make child support payments, there are a few things you should know. You should have an understanding of how child support works in Ontario. Here’s a quick guide to help you understand how it works.
How to Get It
Child support doesn’t come without action. For Ontario child support, you need to take action against your partner. There are a few ways that you can do that.
- Go to court
Under the Divorce Act or Family Law Act, you can apply for child support. A judge will look at the situation and determine how much money you deserve.
- Work it out with your partner
If you can work with your partner to come up with a fair agreement, you don’t have to go to court. You both need to be able to agree on a sum. For a legal agreement, you can write it up and include it in a separation agreement. Or, you could ask a lawyer to look over the agreement and sign it. You can file the agreement to make sure that your partner sticks to the terms. If you don’t, you won’t have any legal action to take if he stops making payments.
- Try mediation
If you don’t want to see a judge but can’t agree on a child support agreement, you can try mediation. You and your partner can meet with a lawyer. The lawyer can help you come up with a fair arrangement, then put it into writing. It’s a more cost-effective arrangement than going to court.
How does a court decide on child support?
The way to calculate child support is much easier than you might imagine. First, a judge looks at the gross income of the parent. Then, he notes how many children he has. Using those two values, the judge then refers to a table and obtains a monthly sum.
There are some extenuating circumstances. For example, an income of over $150,000 could leave a parent with bigger monthly payments. There are also special expenses taken into considerations. A judge will take these and other factors into consideration before making a decision.
Does shared custody merit child support?
When you have a shared custody agreement, someone is responsible for child support. The parent who lives with the child primarily is entitled to child support from the other. However, the amount depends on the amount of time each parent has with the child.
The Refusal to Pay
If your partner refuses to pay a court-ordered child support agreement, something will be done. However, you cannot take matters into your own hands. By law, you can’t deny rights to a child because your ex-partner failed to pay child support.
That said, there are consequences. The Family Responsibility Office takes action against the offending parent. As a result, they could garnish wages, suspend passports, seize bank accounts, and more. If they can’t get you your child support payments, they can hold your ex-partner in contempt. He may face a fine or jail time.