How Are Child Support Guidelines Determined? Exploring The Key Factors For How Payments Are Determined

Oct 25, 2024

Making sense of child support guidelines can be an overwhelming process. It’s a financial obligation that one parent may be required to pay to the other parent for the support of their child, and ultimately it can impact the overall financial wellbeing of your family.

First and foremost, the question around child support is how much is owed and what does that payment look like? The amount of child support is typically determined based on a set of guidelines established by the federal, provincial or territorial government.

In Ontario, the Child Support Guidelines outline the factors to be considered when calculating child support payments. Child support is determined based on a plethora of factors, even for common-law parents or those who were never in a relationship together. Here’s a comprehensive breakdown of what you need to know.

Key Factors in Determining Child Support

Several key factors are considered when determining child support payments. First, the child(ren)’s residency determines which parents will be responsible for paying child support. Then once there is a parenting schedule in place, the paying parent’s income will be calculated to determine the amount of child support that must be paid. Generally the higher the income and the more children being financially supported, the more support that will need to be paid.

The Child Support Guidelines: The Formula

In Ontario, the Child Support Guidelines use a formula to calculate basic child support payments based on the income of the parent(s), the province where the parent(s) or children reside, and the number of children being supported.

Typically, the payor’s income is determined by line 15000 Total Income on a payor parent’s tax return for the previous tax year. This is often referred to as Table Child Support.

In some situations a parent’s income may be more difficult to determine, such as parents who are self-employed, have corporations, or receive unique pay structures, such as receiving shares or benefits in lieu of pay. Once their income is determined, however, the Child Support Guideline tables still come into effect and will determine the amount of child support to be paid.

In situations where both parents share parenting time more than 40% of the time and are therefore sharing the child’s expenses, child support may be “set-off”. This means that both parents’ child support obligations would be calculated and the parent with the higher income will only pay the difference in child support to the lower income earner. A family law lawyer can help understand this process and determine how much support would be paid.

Unique Situations

In addition to the factors outlined above, the court may also consider other factors, such as:

The age of the children: As children get older, specifically over 18 years old, their needs may change, which could affect the amount of child support.
The health of the children: Any special needs or health conditions of the children may be considered.
Undue hardship: The court may consider any claims of undue hardship brought by the parents if they are unable to make support payments.

Calculating child support can be complex, and it is essential to seek legal advice from a qualified family law lawyer. A lawyer can help you understand your rights and obligations, ensure that the child support calculation is accurate, and represent your interests in court if necessary.

Navigating the child support process is overwhelming—let Kelly Jordan Family Law guide you through the process

This area of law can be a complex process, especially when children are involved. It’s essential to seek legal advice on child support guidelines from a qualified family law lawyer to understand your rights and options. A lawyer can help you navigate the legal complexities and ensure a fair outcome.

Kelly D. Jordan Family Law is here to assist you with all your family law needs, including matters related to child and spousal support. Our experienced team of lawyers can provide expert guidance and representation.

More Resources: Child Support Guidelines – Province of Ontario