Child Support & Spousal Support
At Green Bridge Family Law, we provide thoughtful, personalized family law services tailored to the needs of families in Barrie.
As a boutique firm, we combine deep expertise with attentive, one-on-one guidance to help you navigate divorce, separation, parenting, support, and property matters with clarity and confidence.
Child Support and Spousal Support: What You Need to Know
What You Need To Know
When couples separate, money is often one of the first concerns. Two major issues arise: child support and spousal support. While they are related, they serve different purposes and follow different rules. Understanding how they work can help parents and spouses prepare for life after separation.
Table of Contents
ToggleChild Support
Child support is a child’s right. It ensures that children continue to benefit from the financial means of both parents, even after separation.
In Ontario, child support is usually determined by the Federal Child Support Guidelines (or the provincial version). These tables calculate support based on:
– The paying parent’s income.
– The number of children.
– The parenting arrangement (whether one parent has primary care, or whether time is shared).
In shared parenting situations, support is often calculated on a “set-off” basis — each parent’s obligation is determined, and the difference is paid from the person with the higher obligation.
Child support can also include special or extraordinary expenses, such as daycare, medical costs, or extracurricular activities. These are typically shared between parents in proportion to their incomes (e.g., 70/30 means 70% paid by parent A and 30% paid by parent B).
Spousal Support
Spousal support is different. It is designed to address economic disparities between spouses after separation. Unlike child support, it is not automatic. Courts consider factors such as:
– The length of the relationship.
– The roles each spouse played during the relationship.
– The difference in incomes after separation.
– Whether one spouse sacrificed career opportunities for the family.
The Spousal Support Advisory Guidelines (SSAGs) provide ranges for possible amounts and durations. While not binding, they are widely used by lawyers and judges.
How They Interact
In many families, both child support and spousal support apply. Child support is always prioritized, since it belongs to the child. Spousal support comes after, and the calculation takes into account the fact that child support is already being paid or received. Family lawyers use specialized software to model the impact of child and/or spousal support on parents’ net disposable incomes. This process ensures fairness, transparency, and accuracy in determining the amount of child support or spousal support owed and to whom.
Why Legal Advice Helps
Free online calculators can provide rough estimates, but they may not capture the nuances (e.g., self-employment income, rental income, private school tuition, and childcare expenses). A family law lawyer can run the calculations through specialized software and explain how the guidelines apply in your situation. They can also advise on spousal support negotiation strategies — whether to seek a lump sum or periodic payments. Child support, on the other hand, is not negotiable. However, a family lawyer can help you in setting up payment arrangements to manage arrears, whether those are paid directly to the other parent or to the Family Responsibility Office (FRO).
Enforcement
Both child and spousal support orders or agreements can be enforced through the Family Responsibility Office (FRO) in Ontario. FRO has wide powers to collect payments, including wage garnishment and driver’s licence suspensions. This adds security for the receiving spouse and ensures obligations are taken seriously.
Key Takeaway
Child support is about meeting children’s needs. Spousal support is about fairness between spouses. Together, they provide financial structure after separation. With legal guidance, parents and spouses can find clarity, avoid surprises, and make informed decisions about their futures.
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Involves asking a judge to make binding decisions when other methods aren’t successful or appropriate.
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