Child Support

• Author: JoAnn Kurtz
• Pages: 101-120

101

Introduction ........................... 102

Obligation to Provide Child Support ...... 102

Under the Divorce Act ................ 102

Under the Family Law Act .............. 103

Applicable Legislation .................. 103

Support Orders ........................ 104

Periodic Support Payments ............. 104

Time-Limited Support ................. 104

Lump-Sum Support .................. 104

Securing Support .................... 104

Indexing Orders ..................... 105

Interim Support ..................... 105

The Child Support Guidelines ............ 105

Child Support Tables .................. 105

Application of Child Support Tables ...... 107

Income Information .................. 113

Duties of Parties and Legal Advisers

inChildSupport Proceedings ......... 114

Under the Divorce Act ................ 114

Under the Family Law Act .............. 115

Administrative Calculation and

Recalculation ofChild Support ....... 116

Eligibility Considerations ............... 116

Special or Extraordinary Expenses Under

Section 7 ofthe Child Support

Guidelines ...................... 117

How the Service Works ................ 117

Tax Treatment of Child Support Orders ... 117

Variation of Child Support Orders ........ 117

Chapter Summary ...................... 118

Key Term .............................. 119

Review Questions ...................... 119

Discussion Question .................... 119

Exercises .............................. 119

8

Child Support

Learning Outcomes

After completing this chapter, you should be able to:

• State which legislation applies to a particular child

support situation.

• Explain when a parent is obligated to provide child

support under both the Divorce Act and the Family

Law Act.

• Describe the different types of support orders under

both the Divorce Act and the Family Law Act.

• Explain the function of the Child Support Guidelines.

• Calculate child support using the child support tables.

• Explain the circumstances in which the court is given

discretion not to use the child support tables.

• Explain the circumstances in which the court may

order the payment of an amount to cover special or

extraordinary expenses.

• Use the comparison of household standards of living

test in Schedule II of the Child Support Guidelines.

• Explain the tax treatment of child support orders.

© [2022] Emond Montgomery Publications. All Rights Reserved.

102 PART II THE SUBSTANTIVE LAW OF MARRIAGEAND FAMILY BREAKDOWN

Introduction

Parents have an obligation to provide support for their children. A parent’s obligation

to support his or her children continues after a separation, whatever the parenting

arrangements for the children. After separation, the obligation to provide support is

satisfied by the payment of child support by one parent to the other.

Child support is dealt with under both the Family Law Act1 and the Divorce Act.2

Unlike spousal support, which is calculated by taking into account the assets and

debts and the income and expenses of both the dependent spouse and the paying

spouse, child support is determined in accordance with Child Support Guidelines. These

Guidelines calculate support primarily in accordance with tables that set out amounts of

support based on the income of the paying party and the number of children for whom

support is being paid. The income of the recipient party is, generally speaking, irrelevant.

In this chapter, we will be looking at the law of child support, including:

• the obligation to provide child support,

• the applicable legislation,

• the types of support orders,

• the federal and provincial Child Support Guidelines,

• the tax treatment of child support orders, and

• the variation of child support orders.

Obligation to Provide Child Support

The Family Law Act and the Divorce Act each require parents to provide support for

their children, but the obligation is defined somewhat differently under each Act.

Under the Divorce Act

Under the Divorce Act, a spouse has the obligation to provide support for any child of

the marriage.

A “child of the marriage” is defined in section 2(1) to be a child of two spouses or

former spouses who:

• is under the age of majority (18 years in Ontario) and who has not withdrawn

from their charge; or

• is the age of majority or over and under their charge but unable, by reason of

illness, disability or other cause, to withdraw from their charge or to obtain the

necessaries of life.

Accordingly, the obligation to provide support continues past the age of 18 if the

child is unable to support himself or herself for any reason—for example, if the child

is ill, has a disability, or is a full-time student.

Under section 2(2), a child of the marriage includes:

• any child for whom both spouses or former spouses stand in the place of

parents, and

1 RSO 1990, c F.3.

2 RSC 1985, c 3 (2nd Supp).

© [2022] Emond Montgomery Publications. All Rights Reserved.