Child Support

What is child support?

Child support is financial support paid by one parent to the other after separation or divorce, so that the costs of raising children are shared between both parents. At Sarbazevatan Law, Sourena Sarbazevatan provides specialized services to help reach fair outcomes for everyone involved.

The main purpose of child support is to cover the essential costs of raising children, including housing, food, schooling, healthcare, and the activities that are important to their development.

What child support considers

• where, and in what circumstances, the child is currently living
• certain medical care not covered by OHIP, such as the dentist or optometrist
• education and tuition expenses
• extracurricular activities the child takes part in, such as competitive sports or tutoring

Who pays child support?

Generally, the parent who does not have decision-making responsibility for the child pays child support to the other parent. Where the child is co-parented, the amount is determined by your particular circumstances; typically the parent with the higher income pays support to the other.

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How child support is calculated in Ontario

Child support in Ontario follows guidelines set by the provincial government. These guidelines consider factors such as the income levels of both parents, the number of children, and any special needs the children may have. A lawyer helps accurately determine the appropriate amount so that calculations are fair and comply with the law.

Factors that affect the amount

Several factors affect the amount of child support, including the paying parent's income, the number of children, and special expenses such as medical costs or educational fees. Adjustments may also be needed based on changes in parenting arrangements or the amount of time the child spends with each parent.

Setting up child support

• Online: if you are eligible, you can set up or update child support payments online.
• Respond to a letter: once either parent sets up or updates payments, the Ministry of the Attorney General sends a letter; you must respond within 25 calendar days, using the identification number provided to log in.
• Direct negotiation: child support can be arranged by agreement between the parties, followed by direct payment or payment through the Family Responsibility Office (FRO).

Why you need a child support lawyer

Child support often involves complex rules and must follow Ontario's guidelines. A lawyer guides parents through these details, ensures arrangements are fair and just by assessing both parents' finances and the needs of the children, and makes sure the final agreement is legally sound and enforceable.

Common challenges

Common points of dispute include discrepancies in reported income, disagreements over what counts as a necessary expense, and changes in either parent's financial circumstances. These can be resolved through the family court, where a judge may adjust support based on new evidence, or through mediation, which offers a less confrontational path with the help of a neutral third party.

How the basic amount is calculated

For most families, the starting point is the table amount set out in the Federal or Ontario Child Support Guidelines. This is based on the paying parent's gross annual income, the number of children, and the province where the paying parent lives. Where parenting time is shared roughly equally, or where a child lives primarily with each parent, the calculation is adjusted to reflect both incomes. Determining the correct income is often the heart of a dispute, especially for someone who is self-employed or paid partly in cash, and a lawyer can help make sure the figure used is accurate.

Special and extraordinary expenses

On top of the table amount, parents usually share certain additional costs, known as section 7 or special expenses, in proportion to their incomes. These can include:

• child care so a parent can work or study
• medical and dental costs not covered by insurance
• health-related expenses such as orthodontics, therapy, or prescriptions
• fees for extracurricular activities
• the costs of post-secondary education

Disagreements often centre on whether an expense is necessary and reasonable, and on how it should be divided between the parents.

How long does child support last?

Child support normally continues until a child turns eighteen, but it can last longer. Support often continues while a child is enrolled in a first post-secondary program, or where a child cannot become self-supporting because of illness or disability. It does not simply stop on a birthday; it should be reviewed and adjusted as circumstances change. We help parents understand when support begins, how it should change over time, and when it can properly come to an end.

Why choose Sarbazevatan Law

Sourena Sarbazevatan combines a detailed understanding of the financial issues with sensitivity to cultural values, serving the Iranian and Persian communities with consultations in Persian. Every case is handled with care and precision, with a focus on outcomes that uphold the best interests of the children.

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