Things You Should Know About Child Support
Our Filipino family lawyer is aware that when a marriage or relationship ends, most parents agree on how they will support their children. However, sometimes this is not the case. Each party often expects one another to support their child, some even expect more from one another and this is where everything becomes confusing and messy. If there exists a dispute, this is where the Family Law Rules come in. According to Family Law Rules, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or any other relationship. Child support payments can be changed only by a court’s order. The modification or variation process can increase or decrease the child support payments.
Judges must base their decisions about child support on Child Support Guidelines. The guidelines contain regulations under the Divorce Act. This will help parents figure out which guidelines apply to his or her case.
Where should you get help?
It is highly important to seek advise from our Filipino Family Lawyer so that she can help you to understand:
- Which guidelines apply to you
- Use those guidelines to calculate the appropriate child support amount
- Understand your legal rights and obligations
- Understand your child’s rights and best interests, and to also
- Provide you with the right documents if you decide to go to court
Most would get a child support court order or a written support agreement that will say when the child support will end. However, some would not say when, if that is your case, the child support still goes on until you and the other party decide or agree on when the support will cease. Further, if there are some changes in your income and/or the other party’s income, you must inform the other party, otherwise, the court could order you to make retroactive child support payments.
Calculating the child support amount
Child support payments are based on:
- Number of children
- The province where the paying parent lives
- The paying parent’s annual income
If child support payments are not made, the Family Responsibility Office (FRO) has the authority to collect the money owed from the parent or caregiver who is supposed to be paying. The FRO can use different methods such as:
- Reporting the parent or caregiver who is supposed to be paying to the credit bureau
- suspending the driver’s licence, Canadian passport or federal licence of the parent or caregiver who is supposed to be paying
- Garnishing the support payor’s bank accounts
How to pay and receive child support
When the child support is set up online or in court, it is automatically filed with the Family Responsibility Office (FRO). It determines how the money is to be paid and received (e.g. monthly through direct deposit).
If you arrange child support through a written agreement (also known as a domestic contract), you can still have FRO determine how support is paid and received.
To do this, you must:
Submit a copy of your written agreement and a completed affidavit (a form that shows the date the agreement was submitted – and by whom) to the courthouse nearest — you can submit by mail or in-person
Reducing Child Support
The Family Responsibility Office (FRO) cannot change the amount that the order or agreement says you have to pay. If you think that a reduction in the amount of support, you should pay is justifiable, you must get a new agreement or go to court to get the support order changed.
Our Filipino lawyer may help you understand how likely you are to pay or receive child support, as well as estimate the amount and length, or help you reach an agreement with the other spouse regarding child support. Talk to our Filipino Lawyer in Toronto and get in touch with our Angeles & de Jesus Law LLP or AJ LAW LLP team at 160 Eglinton Avenue East, Suite 406, Toronto, ON or via phone at +1 (416) 409-5991 or email us at [email protected] for your FREE INITIAL CONSULTATION. You can also visit our website https://www.ajlawpartners.ca/ for more information about the services we offer.