Legal Considerations Pertaining to Child & Spousal Support

Child support is a legal obligation in Canada, governed by the Federal Child Support Guidelines under the Divorce Act for married couples and provincial legislation for common-law parents. Key factors in determining child support include:

• Income of the Paying Parent: Child support amounts are based on the paying parent’s income, as outlined in the Child Support Guidelines.
• Custody Arrangements: Shared parenting responsibilities can impact the amount of child support required.
• Special or Extraordinary Expenses: Section 7 of the Federal Child Support Guidelines accounts for additional costs such as medical expenses, tutoring, or extracurricular activities.
• Changes in Financial Circumstances: A parent’s financial situation, including job loss or disability, may warrant an adjustment to child support payments.

Spousal support, commonly referred to as alimony, is financial assistance paid by one spouse to another following separation or divorce. Alimony is designed to balance economic disparities arising from the end of a relationship. The amount and duration of spousal support are determined according to:

• The Length of the Relationship: Longer marriages typically result in higher or longer-term spousal support obligations.
• Financial Need and Ability to Pay: Courts assess whether one spouse is financially dependent and whether the other has the means to provide support.
• Role During Marriage: If one spouse sacrificed career opportunities or stayed home to raise children, they may be entitled to spousal support.
• The Spousal Support Advisory Guidelines (SSAGs): While not legally binding, these guidelines help standardize spousal support calculations across Canada.
• Significant Life Changes: Spousal support payments may be adjusted if significant life changes occur, such as remarriage or job loss.

Unlike alimony, which applies to legally married couples, palimony refers to financial support provided to a former common-law partner. In Ontario, common-law partners are not automatically entitled to spousal support under the Divorce Act, but they may seek palimony under provincial family law if they meet certain criteria:

• Cohabitation for at least three years or having a child together while in a relationship of some permanence.
• Economic disadvantage resulting from the relationship, such as one partner financially supporting the other.
• A written or verbal agreement on financial support, though courts may recognize implied agreements based on conduct.

Canadian courts prioritize child support over spousal support when determining financial obligations. If a paying spouse cannot afford both child and spousal support, child support takes precedence, and spousal support may be reduced.

Child & Spousal Support Services

Children’s Special & Extraordinary Expenses (s. 7 Expenses)

In addition to basic child support, parents may be required to contribute to special or extraordinary expenses, commonly referred to as Section 7 expenses under the Federal Child Support Guidelines. These expenses include costs beyond everyday necessities, such as medical and dental care not covered by insurance, childcare required due to a parent’s employment or education, post-secondary education tuition, tutoring, and extracurricular activities like competitive sports or music programs. Parents typically share these expenses in proportion to their incomes. Our child support lawyers assist clients in determining which expenses qualify under Section 7, negotiating cost-sharing arrangements, and advocating for fair contributions in court if necessary.

Retroactive Support

If a parent or former spouse has failed to meet their financial obligations in the past, courts may order retroactive child support or retroactive spousal support to compensate for missed payments. Retroactive support claims often arise when one party has delayed seeking support or if the paying spouse was aware of their obligation but failed to comply. Courts consider several factors when awarding retroactive support, including the length of the delay in requesting support, the conduct of both parties, and whether the recipient parent or spouse made reasonable efforts to secure financial assistance. Our child and spousal support lawyers help clients pursue or defend against retroactive support claims, ensuring that financial obligations are met while accounting for fairness in each case.

Variation & Review of Support

Support orders may need to be adjusted over time due to changes in financial circumstances. A significant increase or decrease in a paying parent’s income, changes in custody or parenting arrangements, remarriage, or a recipient spouse becoming self-sufficient are common reasons for seeking a variation of child or spousal support. Courts assess whether a material change has occurred and whether an adjustment is necessary. Our spousal and child support lawyers assist clients in filing or contesting variation applications, ensuring that updated support agreements reflect current financial realities while remaining fair and enforceable.

Income Analysis & Investigation

Accurately determining a party’s income is crucial in calculating appropriate child support and spousal support payments. In cases where a party is self-employed, underreporting income, receiving non-traditional compensation, or purposefully remaining underemployed, courts may impute income based on earning potential rather than reported income. We conduct thorough income investigations by reviewing financial records, business earnings, tax filings, and other relevant documents to ensure that support obligations are based on actual financial capacity. Our spousal and child support lawyers work diligently to uncover hidden income and ensure that support calculations are fair and accurate.

Enforcement and Security for Support

When a parent or former spouse refuses to comply with a court-ordered support obligation, enforcement measures may be necessary. Courts have various tools to enforce compliance, including wage garnishment, asset seizures, property liens, suspension of driver’s licenses or passports, and even contempt of court proceedings. Ensuring timely and full payment of support is essential for the well-being of children and financially dependent spouses. We assist clients in enforcing child and spousal support orders through legal channels, helping them access the financial assistance they are entitled to under Ontario law.

The Family Responsibility Office (“FRO”)

In Ontario, the Family Responsibility Office (FRO) is a government agency responsible for collecting, distributing, and enforcing child and spousal support payments. Once a court issues a support order, it is automatically registered with the FRO, which has the authority to deduct payments directly from wages, seize government benefits such as tax refunds, and take legal action against those who fail to comply. While the FRO plays a crucial role in enforcement, disputes can arise regarding payment collection, arrears enforcement, or modifications to existing orders. Our family lawyers assist clients in navigating FRO-related issues, ensuring their rights are protected while facilitating timely payment arrangements.