Child Support

In Canada, there are guidelines that govern child support. They attempt to set fair standards, reduce conflict, improve efficiency, and treat parents in similar circumstances consistently. Under these guidelines, child support can be based on a support payor’s yearly income and the number of children involved.

There are two kinds of child support: table amount and section 7 expenses. Table amount of support is based strictly on a person’s income, the number of children, and the province in which the children live. Table amount is paid primarily for the child’s food, shelter, and clothing. Section 7 expenses different than table amount in that they are “add on” expenses and are paid for child care; medical and dental expenses not covered by insurance; other health-related expenses; extraordinary school expenses for programs that meet a child’s needs; post-secondary education expenses; and extraordinary extra-curricular activities.

Section 7 expenses must be necessary for the child’s best interests and reasonable considering the income of the parents and past spending patterns prior to separation.

Expenses can be extraordinary if they are expenses beyond what similarly situated families can be expected to cover, or if a child has a special talent for the activity.

Child support can become complicated for adult children, or children attending university. Routinely, conflicts emerge over when child support should end.

The one major area where parties almost always have a dispute is over the income of the payor, particularly if the payor is self-employed. This can involve investigations into the self-employed person’s income sources, business accounts, and various other examinations to determine an accurate income amount. Financial disclosure becomes central in such conflicts.

Contact one of our lawyers at NuriLaw Professional Corporation to help understand your child support and disclosure obligations.