Child Support - Who, When, Why, How Much and for How Long?

Child Support Overview

The basics of child support are not complicated, but the law is constantly evolving, and the application of the principles can be complex.

An obligation to pay child support automatically arises once parents are residing in different homes.  It is possible to apply for child support both future/ongoing child support and for child support for the past (what we call retroactive support), but the ability to obtain child support for the past is not open ended, and there are limits.

Child support is not a right of the parent, but is instead a right of the child.  The monies paid by one parent to the other is intended to assist with the child(ren)’s care and maintenance. 

The Child Support Guidelines under both the Divorce Act and The Family Law Act govern the amount of child support that is payable. The base amount of child support is usually determined by the gross income of the payor when a child lives with one parent primarily, but different time-sharing regimes can suggest a different formula for calculating support.

While the determination of whether there is an obligation to pay is often not difficult (but can be with adult children) the rub often comes when trying to pinpoint what is "income" for child support purposes, especially with self-employed individuals, or those who earn income from non-taxable sources. 

The Guidelines also allow for the sharing of some additional expenses over and above the base amount to be paid.  Some of these additional expenses include costs related to childcare, medical check-ups and procedures, and extracurricular activities of the child.

Child support does not necessarily end at the age of 18 for the child.  Support may continue in several circumstances, the most common of which relates to the child attending post-secondary education.  The entitlement and amount of child support to be paid after the age of 18 rests on many factors.

The law on child support is continuously evolving, and it is important for people to understand their rights and/or obligations in respect of this area of law.