Separation is difficult for all the parties. The financial questions always tend to be the most important. I have successfully negotiated or litigated hundreds of child support cases over 26 years.
How do I get child support?
The fastest and cheapest way to get child support is to negotiate with the payor-spouse before going to court. I always start the process by writing a quick letter to the payor-spouse when I am representing the child support payee. Even though there is usually some dialogue, most payors realize that the guidelines will require that they pay. This tends to eliminate the costs related to this family law issue.
How much child support do I have to pay?
The Ontario Family Law Act sets out a child support payment requirement. If you are the child support payor, your payment is determined by looking at the federal child support guidelines for Ontario.
There are various free child support calculators on-line. The most popular is www.mysupportcalculator.ca
When does child support start?
Technically the child support obligation starts upon separation. However, the reality is that child support is often managed informally for a long period after separation and then only put onto a formal requirement at the separation agreement. There is nothing wrong with this. It is always desirable to avoid court if possible. negotiated solutions tend to be the least cost solutions even if the child support might be lower than the hypothetical amount coming from a court action.
The Family Responsibility Office
Payors tend to dislike the Family Responsibility Office (FRO). Payees tend to like it. The FRO is strongly supported in legislation and takes its marching orders usually from a court order. The FRO tends to stay away from interpretation issues in separation agreements. This is why most payees with a separation agreement turn it into a court order using the Family Law Rules. This then triggers FRO collection and enforcement steps.
