Child Support

 

Child support is the money that one parent pays to another to support their children financially after a Separation or Divorce.

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A parent may be responsible for paying child support if the children spend more time with one parent than the other. For example; if custody is given to one parent during the week and the other parent has custody of the child for only weekend visits, the parent seeing the children on weekends may have to pay child support to the parent caring for them throughout the week.  The Ontario Family Court will uses the Child Support Guidelines to determine which parent will pay for child support, the amount, and the period of time in which child support must be paid. 

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In the event that custody of the children is shared equally, the spouse with the higher income may still be responsible for paying child support to the other spouse. 

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1)  Child Custody and Access Disputes Lawyer

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A child custody dispute can become one of the most psychologically draining aspects of a separation or divorce. Emotions run high, confusion and uncertainty are present, and questions about the outcome seem endless. Regardless of what the child custody and access arrangement is, it is important to follow what was agreed to by the parents or court-ordered to ensure there will be no breach of the terms and thereby interrupting your visitation rights with your child. This rule applies to written separation agreements derived from mediation as well as orders made by a judge in court.

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As a parent involved in a child custody legal battle, it is essential to avoid activities that may jeopardize access to your child. It is crucial that you are aware of the types of behaviour that would affect your child custody arrangement. Any type of behaviour that would draw attention of the Children’s Aid Society would be on top of the list.

 

2)  Best Interest of the Child

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Parents can negotiate a custody and access arrangement in a separation agreement, which is a common process during a divorce and separation. The primary focus of the court in any arrangement will be ensure the best interests of the children. In general, courts favour keeping siblings together and maximizing the amount of time children spend with each individual parent.

 

3)  The Role of the Courts and Best Interests of the Child

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To determine what is in the child best interests, a number of things would be looked at, including, but not limited to the following:

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• The relationship between the guardian and child;

• The emotional ties between the child and the person claiming access;

• The child’s views and preferences, if they can be reasonably determined;

• The length of time the child lived in the stable home environment;

• The person’s ability to provide the necessaries of life for the child;

• What the person proposes as a plan for caring for the child;

• The permanence and stability of the family where the child will live with the person;

• The person’s ability to act as a parent for the child; and

• Any familial relationship between the child and the person.

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The person applying for custody will have to show evidence relating to the factors listed above and show why the custody arrangement being asked for is in the child’s best interests.

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