Five Realities of Child Support Payments

  1. Child support is the right of the child and cannot be waived even if both parents agree.
  2. Judges must deny Divorce Applications unless satisfied that appropriate child support arrangements are in place.
  3. The Child Support Guidelines are no longer mandatory once a child turns 18.
  4. Child support may be payable for children over 18 if they are still in school full-time or are disabled.
  5. Basic child support is based entirely on the payor’s income unless the child is in the care of the paying spouse at least 40% of the time. Contributions to special or extraordinary expenses such as child care are shared proportionate to both parents’ respective incomes after taking into account any tax benefit.

DISCLAIMER: The information provided herein is for general purposes only, and is not legal advice. This information relates only to the laws of the Province of Ontario and related laws of Canada applicable in Ontario, and is believed to be correct as at the date it was assembled, but may contain inadvertent errors or inaccuracies and may be out of date when accessed. Cohen Highley LLP disclaims any and all liability and accepts no legal responsibility relating to any use or reliance on this information. Use or reliance on this information does not establish any form of lawyer-client relationship with Cohen Highley LLP, and any such alleged relationship is hereby disclaimed. Legal advice depends on facts and circumstances, and should only be obtained through direct personal consultation with a licensed legal professional. This information is protected by Canadian and international copyright laws and may not be reproduced, transmitted or otherwise disseminated without the express written consent of Cohen Highley LLP.

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