Is Your Child Entitled to Child Support?

by Jessica Pliszka, B.A. (Hons), J.D

Whether you are no longer cohabiting in a common law relationship, are married and separated, or single, and there is a child of the relationship who is residing with you over 60% of the time per week, your child is entitled to child support.

Child support can be claimed by the parent with whom the child resides, to the benefit of the child, from the child’s biological parent. Even if the child is not biologically related child support can be claimed if your ex-spouse acted as a parental figure to the child.

A child support claim can be valid so long as the child is a dependant or enrolled full time in post-secondary education. Often times, child support will continue even after a child is 18 years of age. This is because the child is still a dependant or still attending school while living at home. Also, parents often have an obligation to contribute to tuition, educational expenses, and extra-curricular activities.

Ontario relies on the “Child Support Guidelines”, which is a guideline that determines how much child support your child is entitled to. The calculation is based on the other parent’s income and the number of children they have with you. Generally, Courts are reluctant to grant child support that is below these guidelines.

Child support can also be claimed retroactively, which means that if the other parent has not been paying child support in the past, then the child may be entitled to claim child support for the time that has elapsed. Further, if the other parent’s income has increased and this has gone unreported, you may be entitled to a variation of support which may increase the child support payments.

Each family situation is unique and it is encouraged that you seek legal advice regarding your particular family law matter. Our lawyers would gladly meet with you and discuss your options.