The amount of child support to be paid is based on the payor’s gross income and the number of children. The support amount is set out in a chart called the Child Support Guidelines. These Guidelines are available online and can be found on the Department of Justice website.
Child support is not a negotiable figure and will be awarded in accordance with the Guidelines. In very rare circumstances, a support payor may be able to prove that paying support in accordance with the Guidelines would create an “undue hardship” for him/her but these cases are few and far between. We can help you determine whether you qualify for this claim.
In instances where the children spend at least 40% of the time with each parent, or if the children are split between the two households, the amount of child support to be paid is often affected. Please read the article regarding shared/split custody and child support to learn more.
Child support is designed to assist the primary caregiver with the cost of feeding, housing, and clothing the children. Costs such as daycare, sport registration fees, and school tuition are above and beyond child support and are usually paid on a pro rata basis by the parents. The proportionate share is determined by dividing Parent A’s gross income by the combined income of both parties. The result is the percentage owed by Parent A; the remaining balance is Parent B’s share.
Clients often ask whether the income of their new partner or the ex-spouse’s new partner are considered. They are not. This may create a seemingly unfair result, however, the law simply does not consider the incomes of any new partners when determining child support.
When children are over the age of 18, their entitlement to child support can still exist. However, depending on the particulars of your situation, the Guidelines may no longer apply. We would be happy to discuss this with you and help you determine whether your child’s support entitlement is less than the Guideline amount.