If you’re like most people in a separation, divorce, or family law case, you’re probably wondering about the issue of child support.
You are entitled to get child support if your children live with you most of the time or on a full-time basis. On the other hand, you must pay child support to the other parent when the children do not live with you the majority of the time.
How Do You Calculate the Amount of Child Support in a Family Law Case?
How is child support calculated or determined in Ontario? The Ontario government in 1997 brought in the Child Support Guidelines. These are not really guidelines since the Ontario courts and family law lawyers must follow these guidelines; these Guidelines are not optional. The Child Support Guidelines represent the law of Ontario respecting the payment of child support in this province.
The Child Support Guidelines set out the amount of child support to be paid when you have one or more children based on a parent’s gross yearly income. For example, if you have two children living with you on a full-time basis and your spouse earns a gross income of $60,000 a year, your spouse must pay you $892 a year in child support for your two children.
Make sure you find out your spouse’s ongoing gross income without any tax and employment insurance deductions so that you can determine the amount of child support that your spouse must pay to you.
When you are obligated to pay child support, you also want to ensure that you are paying the right amount of child support.
A Typical Example of Child Support Payments in Durham Region
When your children live with your spouse on a full-time basis, you will pay the full amount of child support to the other parent based on the Child Support Guidelines. If you earn a gross income of $72,000 per year and your two children live with your former spouse on a full-time basis, you must pay $1066 a month in child support to your former spouse.
How Access To Your Children Affects Your Child Support
However, increasingly, parents are sharing children on a more equal basis. This certainly affects the amount of child support that a parent must pay to the other spouse.
For example, parents will often have the children on a “week-about” basis. This means that a parent will have the children for one week and then the other parent will have the children the following week and this pattern continues on a regular basis.
In this “week-about” situation, the parent who earns a higher gross income will pay child support to the lower-income parent on a set-off basis. For example, if one parent would pay $1010 in child support for two children based on an annual gross income of $68,000 and the other parent would pay $664 a month in child support for two children based on an annual gross income of $45,000, the higher-earning parent would pay a set-off amount of $346 ($1010-$664= $346) a month in child support to the other parent.
Durham Region-Whitby Family Law and Divorce Lawyer
Are you beginning to see how child support can cost you thousands of dollars if you don’t properly figure out the right amount of child support to be paid in your separation or divorce?
Here’s a fact for you: You can quickly and easily figure out the right amount of child support in your separation or family law case when you meet with experienced family law and divorce lawyer Thomas O’Malley.
The important thing is you know your family law rights before you go to court or sign a separation agreement.
Call Thomas O’Malley today at (905) 434-8837(905) 434-8837 to protect your legal rights and determine the right amount of child support in your situation. There is no time like now.