How are child support and spousal support calculated?
Child support is mandatory and formula-based under the Federal Child Support Guidelines: it depends on the paying parent income and number of children. Spousal support is not automatic — it requires an entitlement analysis — and is calculated using the Spousal Support Advisory Guidelines, which provide a range rather than a fixed amount.
Key Points
Child support is mandatory and calculated under the federal Child Support Guidelines based on the paying parent gross income and the number of children. The parties cannot agree to pay less than the table amount.
Spousal support is not automatic. There must be a legal entitlement (compensatory, non-compensatory, or contractual), and then the amount and duration are determined using the Spousal Support Advisory Guidelines.
Detailed Answer
Child support in Ontario is governed by the Federal Child Support Guidelines. The table amount depends on: (1) the paying parent gross annual income, (2) the number of children, and (3) the province of residence. This amount is mandatory — neither party can agree to waive or reduce it below the table amount.
In addition to the table amount, parents may share Section 7 special and extraordinary expenses proportionally based on income. These include childcare costs, medical expenses not covered by insurance, extracurricular activities, and post-secondary education costs.
Spousal support is different. First, there must be a legal entitlement: compensatory (one spouse gave up career opportunities for the family), non-compensatory (one spouse is in financial need), or contractual (the domestic contract provides for it). Without entitlement, there is no support.
Once entitlement is established, the Spousal Support Advisory Guidelines provide a range for the amount and duration. Courts have significant discretion. Key factors include the length of the marriage, each spouse income and earning capacity, and the economic consequences of the marriage breakdown.
If you want to understand what support obligations you may face — or what you may be entitled to — contact Miao He at 647-930-6688.
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