Caution: This page contains GENERAL LEGAL INFORMATION ONLY.
It is NOT LEGAL ADVICE nor a replacement for talking to a lawyer and getting legal advice about your case.
The law can be complicated and the details of a case can be even more complicated! There are exceptions for every rule.
What you do not know can harm you. Rely on general legal information AT YOUR OWN RISK.
—Child Support —
Who is Obligated to Support a Child? When is a "Child" Entitled to Support?
There is no set age entitlement ends for an adult child in school. The decision depends on many factors such as age, education history, education plans, expectations prior to separation, etc. Usually, a child is, at least, entitled to support for one college or university degree (two to four years). A parent is entitled to receive support for a child if the child is living in their care. This can include a child (entitled to support) who is living away from the parents home because of schooling (e.g. living in residence) or for temporary employment. A child may be entitled to support if they are living on their own. There can be a question of whether the child's decision to leave parental care was justifiable. If the child is living in a non-parent's care, that person may be entitled to support. How is the Amount of Support Determined? In this calculation, the following are NOT factors in determining the amount of support:
A parent has an obligation to make reasonable efforts to obtain a reasonable income. If a judge believes a parent is not making reasonable efforts, income may be "imputed" - set at an amount that the judge believes the parent could earn. A judge may also impute income if the judge believes the payor's evidence of income is incomplete or false. An adult child is expected to contribute to their own support, as best they can under the circumstances. There are a number of exceptions (and other rules for calculating support where these exceptions exist). For example:
What About Extracurricular Activities & Extraordinary Expenses?
These expenses must be reasonable, given:
Any tax deduction, grant, or similar deduction reduces the amount of the expense claimed. These special expenses are divided between the parents based on their gross incomes. (If their incomes are the same, they each contribute the same amount to the net amount of the special expense.) When is the Amount of Support "Unconscionable"? However, even when it is "unconscionable", there must be less income, per person, in the payor's home than in the recipients. (The actual Comparison of Household Incomes test is a bit more complicated.) What About Heath Related Benefits? What Restrictions on Agreements and Divorces Are There? If a party seeks a divorce and there are (minor / underage) children, then evidence must be given to convince the judge that appropriate support arrangements have been made. Without this, the divorce will not be granted. Where Can You Get More Information? See these articles: |
Michaud Family Law • 416-707-7976 • 2 County Court Blvd., Suite 434, Brampton, Ontario, L6W 3W8
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