In the multifaceted world of child support, a recurring question arises concerning the obligation of parents to financially assist their adult children who have chosen to pursue post-secondary education. This is a complex issue, as it is largely contingent on a diverse range of factors that courts take into consideration when making an equitable determination.

In child support cases, health and medical expenses are often considered special or extraordinary expenses. However, the term "extraordinary" might be misleading as these expenses do not necessarily have to be unusual or rare to qualify as an additional payment under section 7 of the Child Support Guidelines. The requirement is that they need to be reasonable and necessary in relation to the child's health and wellbeing.

This provision opens up a broad range of expenses that could potentially be claimed under this section. For instance, dental and vision care costs - including orthodontics and prescription glasses or contact lenses - are among the most commonly claimed health-related expenses. Other eligible costs can include various forms of therapy such as physiotherapy, occupational therapy, and professional counselling. Prescription drugs and specific expenses related to special needs services may also be eligible under section 7.

The concept of child support extending beyond the age of majority is becoming increasingly common. This can be attributed to several factors such as a child's illness, disability, or continued education. The aim of this article is to provide an in-depth understanding of this issue, focusing on three key aspects: The Divorce Act and its implications, factors considered by courts when deciding on child support for adult children, and the application of the Federal Child Support Guidelines.

Child support is a pivotal issue in family law, drawing even more attention when it relates to adult children. The laws governing this area can often seem complex and confusing, with a multitude of factors coming into play. This blog post aims to elucidate the key aspects of child support law concerning adult children. We will explore the burden of proof, parental control, and quantum of support, providing a comprehensive understanding of this multifaceted subject.

Under the Divorce Act, an adult child who has withdrawn from parental control does not have any entitlement to support. This provision also applies to a child who is 16 or older under the Family Law Act. However, a child who lives with neither parent is not necessarily disentitled to support. The legal position, therefore, is that a child remains financially and emotionally dependent on one or both parents, even if they are not living with either parent. This provision is crucial to understand as it underscores the importance of maintaining a bond with the child, irrespective of the living arrangements.

The Federal Child Support Guidelines (SOR/97-175) were established in 1997 to provide certainty in determining child support based on a payor's income and the number of children. However, income determination becomes more complex for self-employed individuals or those earning income through a corporation. This blog post aims to provide an overview of this complex process.

The Federal Child Support Guidelines provide a comprehensive framework for determining a spouse's annual income for child support purposes. The income is generally determined using sources of income set out under the heading “Total income” in the T1 General form issued by the Canada Revenue Agency. However, the guidelines do not require courts to blindly use the previous year’s total income as reported by the party. The determination can be based on the spouse’s annual income in the past taxation year, the estimated annual income of the current year, or an estimate of probable future income

In shared parenting arrangements, the Federal Child Support Guidelines stipulate that for Section 9 to be applied, the support payor must be responsible for children at least 40% of the time. This is often a contentious point as the Guidelines do not specify whether the time should be calculated by counting days or hours, which can lead to significant disagreement between parents. If the 40% threshold isn't met, the inquiry ends and the presumptive table amount governs. However, if the threshold is met, the inquiry continues to determine the appropriate amount of support. Understanding the way this threshold is calculated and applied is crucial for parents in shared custody arrangements.

In calculating child support for split custody scenarios, the Federal Child Support Guidelines, as per Section 8, stipulates that the payable amount is derived as the set-off between the parties' respective table amounts. This essentially means that the courts calculate the difference between what each parent would have to pay in support based on their individual incomes and the number of children they have custody of. While this section does not provide any direct discretion over the quantum of support, other factors such as section 7 expenses or undue hardship claims may be considered to indirectly adjust the total payable support amount.

Section 6 of the Federal Child Support Guidelines empowers the court to order that medical or dental insurance coverage be maintained or acquired for the child. This provision is crucial to ensure that the child's health needs are met, regardless of their parents' marital status. However, the condition is that the coverage should either be available through a spouse's employment or be obtainable at a reasonable rate.

Undue hardship claims in child support cases can be quite complex. The court's approach to these cases often involves a detailed examination of the circumstances. This post will discuss the concept of undue hardship, the factors considered by the court, and the process of establishing an undue hardship claim.

Section 12 of the Federal Child Support Guidelines stipulates that the court may require a child support order to be secured by the payor.

Child support is a critical aspect of any divorce proceeding involving children. The Federal Child Support Guidelines provide a framework for determining child support amounts. These guidelines establish a presumptive amount that must be paid for the support of the child, based on the income of the paying parent and the number of children involved. However, the presumptive amounts outlined in these guidelines are not always the end of the story. There are instances where courts may deviate from these amounts under certain circumstances. This post will explore these circumstances in detail, focusing on special provisions benefiting the child, the consent of spouses to the deviation, and reasonable arrangements for the child's support

The termination of child support is a complex and often misunderstood area of family law. Especially when the child in question is enrolled in full-time post-secondary education, the process can become particularly intricate. Despite the significant impact it has on both the paying parent and the child, there is a lack of explicit statutory guidance on this matter, leading to potential complications and confusion. This blog aims to shed some light on the criteria for terminating child support under the Family Law Act and the Divorce Act, and discuss common termination events, providing a comprehensive guide for parents navigating this challenging process.

The child support guidelines play a critical role in ensuring the wellbeing and financial stability of children who find themselves caught in the unfortunate situation of parental separation. These guidelines are firmly embedded within two major legal structures: the Federal Divorce Act and the Provincial Family Law Act.

Children who are disabled and require lifelong support pose unique considerations when it comes to determining child support. In situations where these children receive government benefits like the Ontario Disability Support Program (ODSP), understanding how this can affect their child support calculations becomes crucial