10.4 Support

Family Law Overview

• Date: 1/3/2023

• Subject: Support, including Child Support and Spousal/Partner Support

• Course Code: LAW 101

• Main Topics Covered:

  • Relationships

  • Property division

  • Children (Parenting time and decision-making responsibilities)

  • Support (Child and spousal/partner support)

  • Resolving disputes

• Related Videos:

  • Video 1

  • Video 2

Child Support

• Regulation:

  • Child support is highly regulated under provincial or federal Child Support Guidelines.

Types of Child Support

• Categories of Child Support:

  • 1. Base Support (s. 3 Support):

  • Often referred to as “Table” support.

  • 2. Extraordinary Expenses (s. 7 Support):

  • This includes expenses such as:

    • Child care

    • Medical/dental expenses

    • Extracurricular activities

    • School expenses

Parenting Arrangements

• Types of Parenting:

  • 1. Primary Parenting:

  • A parent is entitled to child support from the other parent if they have the child for more than 60% of the time.

  • 2. Shared Parenting:

  • Both parents share parenting responsibilities and expenses.

Child Support Calculation

• Steps for Calculation:

  • Step 1: Calculate the payor’s income.

  • Step 2: Determine the number of children and the province of residence.

  • Step 3: Refer to the appropriate table in the regulations to calculate the payment amount.

Federal Child Support Guidelines Highlights

• Provides structured objectives and interpretations of child support as summarized below:

  1. Objectives: The guidelines aim to promote consistency in calculating child support across cases.

  2. Amount of Child Support: Defined in monetary terms based on income.

  3. Elements of a Child Support Order: Includes determination of how much is owed and what factors influence this.

  4. Variations and Adjustments to Orders: Guidelines for changing amounts when circumstances change.

  5. Income Definitions: Clear criteria for what constitutes income for calculation purposes.

  6. Schedule I: Federal Child Support Tables for different regions (e.g., Ontario, Quebec, Alberta, etc.).

Child Support Tables Example

• No. of Children: Two

• Income Ranges and Corresponding Monthly Awards:

  • $12,000 - $12,999: $0

  • $12,000 - $13,999: $89

  • $13,000 - $14,999: $128

  • $14,000 - $15,999: $164

  • $15,000 - $16,999: $200

  • $20,000 - $22,999: Various amounts including up to $499

Shared Parenting Factors under Section 9

• Factors considered when determining child support in shared parenting arrangements include:

  1. Amount each parent would pay if the other was the primary caregiver.

  2. Costs attributable to shared parenting.

  3. Each parent's conditions, means, and needs.

Example Case Study: Rebekah and Julio

• Julio: Bank teller with an income of $50,000

  • Monthly Child Support: $723

• Rebekah: Pharmacist with an income of $100,000

  • Monthly Child Support: $1,458

• Support Payment Calculation:

  • When Rebekah’s amount exceeds Julio’s, the difference ($1,458 - $723 = $735) must be paid by Rebekah to Julio.

Factors Regulating Spousal Support

• Spousal support is not regulated to the same extent as child support but relies on guidelines that serve as tools rather than strict laws.

• Objectives of Spousal Support:

  • Recognize economic advantages or disadvantages experienced by either party due to the marriage.

  • Address financial consequences arising from child care.

  • Alleviate economic hardship post-separation.

  • Encourage economic self-sufficiency over a reasonable timeframe.

Example Case Study: Sharif and Greta

• Analysis of spousal support involves determining the length of support payments.

Conclusion

• Child support represents a child's right, whereas spousal support must be determined based on individual circumstances.

• Consideration of all elements discussed is crucial in assessing obligations and entitlements for support payments.