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After separation, and once it is decided with which parent a child or children in a family will primarily reside with, the issue of child support arises. Child support is based on the Federal Child Support Guidelines and is based on the child’s right to be supported, although the moneys are provided to a parent whom has the child in their primary care.
Generally speaking children reside with one parent 60% of the time or more, that parent by nature of that percentage of parenting time becomes the primary resident parent and recipient of child support. The other parent whom may have the child in their care less than 60% of the time, becomes the payor parent.
Federal Child Support Guidelines
For the purposes of determining the amount of child support payable, we look to the Federal Child Support Guidelines Table. This is a table or a chart that takes only the payor income into consideration where the child’s living arrangement is not shared on a 50/50 basis between both parents. When the child does not reside with both parents equally, only the payor income is relevant for the purpose of determining the amount of child support payable by the payor.
If the child(ren) reside with the parents equally, then both parents’ incomes are relevant for the purposes of calculating child support and in most cases, if one parent has a higher income, a set-off amount of child support is payable to the lower income parent and this set-off amount may be more or less depending on the added costs of a shared custody plan, such as if both parents have extra housing or food cost, or each parent’s situation, such as if they live with a new partner who shares expenses, or have other dependents to support.
Split custody cases refers to situations when a parent has more than one child, and sometimes, one child lives most of the time with one parent and the other child lives most of the time with the other parent. The term can be confusing because the term custody in this scenario does not refer to the issue of sole or joint custody and has nothing to do with decision making. This scenario has to do with where the children reside. In this case, each parent usually pays the Child Support Guideline Table amount for any children living with the other parent. The higher Table amount parent has to pay the difference the lower Table amount parent.
Sometimes, non-biological parents like step-parents or even individuals a parent has cohabited with may have support obligations to children after a separation. In these cases, it is typically where a step-parent or cohabiting partner has stepped into the shoes of a biological parent. In family law we call this “in loco parentis” which means “in the place of a parent”. Although sometimes step-parents or someone who stands in loco parentis may have child support obligations in relation to a child they may have parented, in other situations where a biological payor parent exist, the child support obligation of the step-parent may be reduced.
Separy Law Child Support Toronto Lawyers
While in some cases child support may be a simple exercise of reviewing the parenting arrangement and the Child Support Guildeline Table amounts, in many cases it maybe a much more difficult exercise where the payor parent is earning cash income and not reporting it, or refuses to contribute to his or her child by way of a monthly child support payment. It is important to speak with one of our Separy Law PC child support Toronto Lawyers and learn your rights and/or obligations related to child support especially in circumstances where a payor does not accept their obligation to pay. For an online click HERE for an online child support calculator.
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Child protection proceedings are commenced by child protection agencies, where there are concerns that a child (under the age of eighteen) is being harmed physically or emotionally or is at risk of physical or emotional harm. Child protection agencies are usually called Children’s Aid Societies (also known as “CAS”). In Toronto the following agencies provide child protection services:
Children’s Aid Society of Toronto
The Catholic Children’s Aid Society (serves the Catholic Community)
Native and Family Services Toronto (serves the indigenous community)
Jewish Family and Child (serves the Jewish community)
In Ontario, child protection law is governed by the Child, Youth and Family Service Act, 2017. Under this legislation, Children’s Aid societies may investigate allegations or evidence where children are suspected to be in need of protection. Children are deemed to be in need of protection where:
The child is being or is at risk of being physically, emotionally or sexually abused
The child’s basic needs are not being met (food, clothing, shelter etc.)
The child is being exposed to dangerous situations
The child is exposed to adult conflict or to domestic violence
When does Children’s Aid Society become involved with families?
A Children’s Aid Society is often contacted by service providers, such as, teachers, doctors, nurses, and day-care workers, where they suspect that a child is being harmed or is at risk of being harmed. The police may also make a report to the Children’s Aid Society after one or both parents are charged with a criminal offence. In some situations, it is the child’s parent themselves that contacts the Children’s Aid Society. The Children’s Aid Society has a legal obligation to look into every report, where it appears that a child is being harmed or is at risk of being harmed.
After child protections concerns are reported, a Children’s Aid Society will open an investigation to determine if the child is in need of protection. This will often involve a child protection worker meeting with and interviewing the child and parents/caregivers. A Children’s Aid Society may also contact third parties, such as the child’s teachers or doctors. Depending on what the Children’s Aid Society determine after their initial investigation they may:
Close the file
Keep the file open, while offering support services
Bring a protection application in Court
Bring a protection application in Court and apprehend (remove) the child
Ask the parent to sign an agreement
Child protection cases can be very complicated. If a Children’s Aid Society has commenced a protection proceeding involving your children, it is important to obtain legal advice as soon as possible from a lawyer. Please contact one of our Toronto Family Lawyers dealing with child protection, child welfare, and children’s aid issues. Our Toronto Family law firm accepts Legal Aid Ontario Certificates.
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