In Canada, both parents are legally obligated to provide financial support for their child. It is important to remember that this support is the right of the child.
How do I determine how much child support my ex-spouse should pay?
The amount of child support is determined based on a child’s needs and the income of each parent. You will need to know an ex-spouse’s gross annual income. This can be found on line 150 of an income tax return, or through adding each paystub for a full year before taxes. A family lawyer can help to determine what this number is for complicated job situations.
A basic method of calculating child support can be determined using a Child Support Table Look-up provided through the Department of Justice. This is as a table to help understand what is considered fair according to the Federal Child Support Guidelines.
Requirements vary depending on parental arrangements. Separated parents are obligated to pay additional support known as extraordinary expenses and special expenses. This may include the costs of healthcare needs, extracurricular activities, or insurance premiums.
My ex-spouse is not paying me child support, what do I do?
Court ordered child support payments are a legally enforceable option when parents are not able to form an agreement. Noncompliance can result in the seizure of federal payments, the suspension of a federal licence or passport, and even jail time.
Step 1: In order to apply to obtain an order, you will need the following documents:
- Proof of income for this tax year
- A list of spending’s on special expenses
- Notice of Assessment from the last three years
- Tax returns from the last three years
Step 2: You will then need to complete legal forms pertaining to your circumstance. These forms will depend on where each parent lives and martial status.
Step 3: You must then file your claim at the same location that any court action has begun.
I obtained an Order for Child Support from the judge, what do I do next?
After formalizing agreements with the court, you can enroll in the Maintenance Enforcement Program. This is a provincial government program that collects child and spousal support, then distributes it to the recipient. In the case of non-payments, they use methods of enforcement including:
- Suspending a payors drivers’ licence
- Garnishing a payors wage
- Garnishing from a payors bank account by registering a support deduction notice
Only one of the payor or recipient will need to register, but they must have a court order prior to registration. Forum Law has family law expertise to help you better understand resolution options, court systems, and your rights and responsibilities.
