How child support is calculated in the family law litigation process
The goal of the child support process is to determine the fair amount that each party will pay, based primarily on two factors:
- Income. This information is usually determined by reviewing tax information from the Canada Revenue Agency ("CRA").
- Custody and access arrangements. If the access arrangements give one party the main day-to-day care of the children and the other party has time with the children, the party that has the visiting time, or "access", usually pays the other caregiver a monthly amount, based on legislated guidelines. This person can also be responsible for paying for a proportionate share of any special and extraordinary expenses for the children.
- If there is a shared parenting
arrangements, where the children are with both parents more than 40% of the time, child support is determined by a calculation that takes into account the respective incomes of the parties, the costs of the shared parenting regime and the comparable household fiscal capacities of each party.
For more information on child support and custody guidelines and the complete range of family law legal services offered by Sharek Logan & van Leenen LLP, please refer to our Family Law FAQ page or contact us online.
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