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Our Practice Areas:

Child And Spousal Support

OUR PRACTICE AREAS

Navigating Child And Spousal Support Matters

At Nathens, Siegel LLP, our lawyers have a solid reputation in the Greater Toronto Area as knowledgeable, experienced and dedicated child support lawyers and child custody lawyers. We’re familiar with the finer points of the Children’s Law Reform Act, which addresses issues relating to children whose parents are unmarried in Ontario. 

Dividing family property allows ex-spouses to leave a relationship on equitable footing. Ongoing financial support is another key element in any separation or divorce. Both spousal support and child support may become a contentious issue with a long-lasting impact for both the payer and the recipient.

CHILD SUPPORT IS DIFFERENT FROM SPOUSAL SUPPORT

Although they seem similar in nature, child support and spousal support have distinct differences. Child support is the obligation that every parent must provide support for his or her child. Calculations start with table support and the Child Support Guidelines, but may include special or extraordinary expenses.

As our divorce lawyers will tell you, spousal support is not automatic like child support. Entitlement must be clearly established. Many factors affect whether entitlement has been met, and if so, what the appropriate amount and duration of support should be. Unlike child support, spousal support payments can be taxable and deductible.

WE CREATE SUPPORT ARRANGEMENTS THAT ARE FAIR FOR ALL PARTIES

Determining eligibility and fair amounts is not always straightforward. Having handled hundreds of child custody and child support cases over the years, our top child support lawyers can educate you on the process and offer advice on issues such as:

  • When do support payments stop?
  • Can a support order/agreement be modified, and under what circumstances?
  • What enforcement methods are available in cases of nonpayment?
  • Are step-parents obligated to pay child support?
  • Should support be paid monthly or in a lump sum?
  • Does retirement or remarriage end a spousal support obligation?

With decades of experience, our top child support lawyers are ready to negotiate or litigate on your behalf for fair spousal and child support arrangements. If you are a payer, we determine a suitable amount to meet your duty without unnecessarily overextending yourself. If you are a recipient, we will advocate for an arrangement that meets your individual needs as well as those of your child or children.

Our child support lawyers are ready to meet with you and assess your case.

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Book your reduced rate consultation today

Frequently Asked Questions

Child support is the obligation of every parent to financially support their child, and it is not optional. Spousal support is different; it is not automatic, and spousal support entitlement must first be established before any amount is set. A child support lawyer in Toronto can explain how each type applies to your situation.

Child support begins with table support under the Child Support Guidelines, based on the payer’s total gross income and the number of children. Extraordinary expenses, such as childcare or medical costs, may be added on top based on his/her proportionate share of the total family income. A child support lawyer in Mississauga can help confirm the correct figures for your case.

Child support is not automatically terminated when a child turns 18. It may continue as long as the child is dependent and in full-time education.  Additionally, child support will continue indefinitely if a child is unable to withdraw from parental control as defined in the Child Support Guidelines and recent case law. It’s best to consult with a child support lawyer in Toronto to provide advice on your specific circumstances.

No. Unlike child support, spousal support requires entitlement to be proven first on either a ‘compensatory’ or ‘needs-based’ basis. Entitlement depends on factors such as the length of the relationship, each spouse’s income, and the roles each spouse played during the marriage. Only once entitlement is established are the appropriate amount and duration considered under the Spousal Support Advisory Guidelines.

Yes. A child support order is reviewed annually based on the payor’s current income.  Furthermore, a child support order variation may also be considered prior to the annual review if there has been a material change in circumstances, such as a child’s needs, income, or employment. Either the payer or the payee may request a change.  A spousal support order is not automatically adjusted each year based on income.  Instead, periodic spousal support is only changed based on a material change of circumstances of either one of the parties or the children’s circumstances.  If the parties wish to specifically define what constitutes a material change or not in a domestic contract, they are free to do so.

There are several enforcement measures for non-payment, and the Family Responsibility Office can enforce orders. A child support lawyer in Mississauga can advise on the most effective way to recover support that is owed.