Child Support

9 06, 2016

Do I have to support children over 19 years old?

Section 3(2) of the FCSG provides that if the child is over 19 but still a “child of the marriage” in need of support: (a) the amount determined by applying the Guidelines as if the child were under 19; or (b) if the court considers that approach to be inappropriate, the amount that it considers [...]

9 06, 2016

There is an order from the court that I am not happy about.

If the court has made an order that you are unhappy about, you must make arrangements to apply to the court of have the order varied, set aside or appealed. You must not simply ignore an order. Even if you think an order is wrong, you must nonetheless obey it. “A court order, made by [...]

9 06, 2016

I am not paying/receiving child support.

In S. (D.B.) v. G. (S.R.), 2006 SCC 37, the Supreme Court of Canada outlined the basic principles that create the obligation to pay child support as follows: (1) child support is the right of the child; (2) the right to support survives the breakdown of a child’s parents’ marriage; (3) child support should, as much as possible, provide children [...]

9 06, 2016

What if the documents I need are not provided?

Under Rule 5-1(28), if a party fails to provide documents as required, the other party can bring an application and the court can order that the documents are produced on terms (for example by a certain date). There are many other orders the court can make if a party fails to provide relevant documents, such [...]

9 06, 2016

What documents need to be provided?

Rule 5-1 of the Supreme Court Family Rules provides the framework for financial disclosure. When support is in issue, one or both parties must complete a Form 8 financial statement and provide copies of the required income documents, including (for the past three years): personal income tax returns; personal notices of assessment or reassessment; if the person [...]

9 06, 2016

Will we share the children 50-50?

Upon or even before separation, parents should reach agreements regarding future parenting arrangements. Usually, a shared parenting arrangement is in the best interests of the child. With respect to parenting time and parenting responsibilities (also referred to as “custody, guardianship and access”), our two Acts are almost identical. Section 16(8) of the Divorce Act states [...]

9 06, 2016

How do I find out his/her income for support purposes?

When determining income for support (including spousal support) purposes the starting point is s. 16 of the Federal Child Support Guidelines. A spouse’s income is first examined by way of his or her line 150 income, which is then adjusted in accordance with Schedule III of the FCSG. Section 17 of the FCSG provides discretion to the [...]

9 06, 2016

How much interim child and/or spousal support should I pay/receive?

Pursuant to s. 3 of the Federal Child Support Guidelines, the amount of a child support payable (for a child under 19) is the amount set out in the applicable table for the income of the payor. Section 4 of the FCSG provides for the determination of child support when the payor's income exceeds $150,000 per year: (a) [...]

9 06, 2016

When do I receive/pay interim child and/or spousal support?

With respect to child support (permanent and interim), both parents have an ongoing legal obligation to support their children. The objectives of the Federal Child Support Guidelines (FCSG), are: (a) to establish a fair standard of support for children that ensures that they continue to benefit from the financial means of both spouses after separation;(b) [...]