Wednesday’s Video Clip: How Long Does Child Support Continue in Ontario?
In Ontario, child support must be paid as long as the child remains a dependent.
In this video, family lawyer Russell Alexander discusses how long child support continues and when a court, or parents, should consider stopping or terminating child support payments.
At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at www.RussellAlexander.com.
Wednesday’s Video Clip: Common Questions About Child Support in Ontario
In Ontario, both parents have a responsibility to financially support their children, both when they are living together and if they separate. This applies to all parents, regardless of whether they were married, living together or have never lived together.
In this video we review common questions lawyers are asked about child support, including undue hardship, reducing support, information required, and when support ends
Can You Quit Paying Support for a Child That is Not Even Yours?
In Hari v. Hari, the couple were married for eight years and had one child together. However, the mother also had a daughter from a previous relationship, and one whom the father (i.e. now the stepfather) had financially supported and treated as his own. In fact, from a legal standpoint the stepfather “stood in the place of a parent” to the girl for 12 years, until he and her mother separated.
Once the separation occurred, the mother – now unemployed and receiving employment insurance – needed child support. The girl’s own biological father had historically been unreliable: the mother knew little more than that he was living outside of Ontario, and that he worked in the music business. More to the point, the mother had no idea what he earned and she had received virtually no support from him at all over the years.
This being the case, the mother went to court to ask for an order that the stepfather should pay support for both the child they had together, as well as for the mother’s daughter from the previous relationship. The stepfather disputed that he should pay support for the mother’s daughter, especially since his relationship with the girl had completely broken down since the separation.
The court, in considering the circumstances, applied the following approach based on previously-established legal authority, in order to “do the math” on the support amount:
1) it determined the amount otherwise payable by the stepfather under the Child Support Guidelines (including special expenses and any adjustment for undue hardship);
2) it determined the “legal duty” of the biological father to contribute child support; and
3) it considered whether it is appropriate to reduce the stepfather’s obligation under the Guidelines.
The court also took the approach that once the stepfather could establish that the biological father (and, for that matter, the mother) also had a duty to support the child, it was then up to the mother to demonstrate why the stepfather’s support obligation should not be reduced in an amount commensurate to the support owed by the biological father and mother.
Using this formula – and rejecting his contention that he should pay no support for the girl at all – the court ordered the stepfather to pay support in the full Guidelines-mandated amount, at least until there was some evidence brought to court as to what the biological father could afford to contribute.
At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit our main site.
Wednesday’s Video Clip: Does The Age of The Child Affect Child Support in Ontario?
Simply put, the age of a child does affect the amount of child support ordered.
In this video, Shelley, a Law Clerk with Russell Alexander Family Lawyers, discusses how and when the age of the child could affect child support. Income considerations, age of the child and needs of the child should be considered.
Wednesday’s Video Clip: How Do You Arrange For Support To Be Paid?
Sometimes parents are able to work out child support payments on their own. Other times, they get help from a mediator, or a judge determines what the payments will be.
In this video we examine how support payments can be made, the need for financial information and use of the child support guidelines. Written agreements are helpful and the need for separate or independent legal advice is also discussed.
Wednesday’s Video Clip: Child Support in Ontario, Introduction to Child Custody
In Ontario, like other jurisdictions, both parents have a responsibility to financially support their children. For the spouse without custody, the amount of child support that must be paid is based on income and the number of children. In this short video clip, Shelley, a senior family law clerk at Russell Alexander Family Lawyers, talks about custody and answers questions many people have about child support.
FamilyLLB is written by Russell Alexander, a divorce and family law lawyer based in Ontario, Canada. For nearly twenty years, Russell's firm has helped clients who are going through a separation or divorce. You can find more of Russell's online commentary via Twitter, Google+, LinkedIn, or on the firm's Facebook page.