Child Support

Child Support

The amount of child support is based on a number of children and the income of the payor. The Child Support Guidelines provide a way of calculating the amount of child support. The most crucial aspect in most cases is the determination of the payor’s income. The starting point in determining the payor’s income is using the sources of income under the heading “Total Income” in the T1 General form issued by Canada Revenue Agency as adjusted in accordance with Schedule III of the Guidelines (Section 16).  However, the Court will look at other factors in determining child support, for instance, whether the payor is self - employed or a shareholder, director, or officer of the corporation. Under Section 19 of the Guidelines, a court has a broad discretion to impute income. For example, a court might impute income in circumstances where the spouse is unintentionally under-employed or unemployed.
It is important to note that the Guidelines require a quantification of the income of the payor over a full calendar year and not over a pay period or some other period of time.

“Durham Region Family Law Lawyers can advise you on your child support obligations and assist you in negotiating a fair resolution.”