Child Support
Federal Child Support Guidelines
According to the Federal Child Support Guidelines, the table child support amount is determined by three main factors:
1. The number of children;
2. The province or territory where the paying parent lives; and
3. The paying parent's pre-tax annual income.
There are two types of child support: section 3 and section 7.
Section 3 vs. Section 7 Child Support
Section 3 is also known as the “base” amount of support. Once the income of the payor is determined, one simply looks at the tables to determine the proper amount of child support payable by that individual for the number of children that are dependants.
Section 7 is known as support for “special and extraordinary expenses”, such as childcare expenses, medical, dental and other health-related expenses; and health insurance premiums. They can also include extraordinary expenses for educational purposes, post-secondary education and extracurricular activities.
Do I get child support?
The recipient of child support is typically determined according to the parenting or custody arrangement between the parties. In general, if you have your children for over 60% of the time, then you should be the recipient of child support.
In a shared custody or parenting arrangement in which both parents get approximately equal time with the children, the party with the higher income generally pays the party with the lower income the set-off child support amount rather than the full amount. For shared parenting situations, the parties may also agree to a set-off amount.
Child Support Issues
Retroactive child support is a common issue for separated parents. You may be entitled to recover retroactive child support payable to you and the children if the paying party did not pay child support in the past.
Another frequent issue frustrating the quantum of child support is determining the income of self-employed individuals. Courts have recognized the difficulty of assessing incomes of the paying parent when they have businesses and other corporate entities from which they derive personal benefit and utilize as a tax shelter.
The lawyers at Axon Law can provide you with appropriate advice and information
for you to ensure that your children are properly provided for.