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How child support works in Ontario

 

Need to learn about how child support works in Ontario? In Canada, child support is determined using a calculation based on the paying parent’s income. When the final order for child support is made by the court a specific amount is set for child support based on the paying parent’s income at that time.

However, in the years after the final order is given or the agreement is signed, the parties’ financial circumstances are likely to change. So what happens to child support if the paying parent’s financial status has significantly changed since the date the original amount of support was decided?

If there is a change in the paying parent’s income, either party can apply to the court to vary the amount of child support payable. To be successful on a variation application, the party looking to change child support needs to show that there has been a change in the circumstances of the parties to warrant a variation.

Need to learn about how child support works in Ontario? Contact one of our toronto family lawyers to book your free 30 minute consultation. Please call 1 844-618-8080 (toll free) or text 778—676—3808—

If the original child support order was calculated in accordance with the tables of the child support guidelines, then the party bringing the application needs to simply show that a new table calculation using the paying parent’s new income results in a different amount of monthly support.

Alternatively, if the original child support order was not calculated using the tables, the party bringing the application needs to show that there has been a change in the condition, means or needs of either parent or the child.

Once one of those two items are established, the court will re-evaluate child support to determine what amount should be payable. Some examples of circumstances that warrant a change in child support are:- loss of employment;- long term illness;- disability;- raises at work; or- a new job with a higher salary.

There are a variety of reasons why a child support order may be outdated and need variation.  If you have questions about varying a child support order in Ontario, contact one of our family law lawyers in the Toronto office of Hart Legal.

Need to learn about how child support works in Ontario? Contact one of our toronto family lawyers to book your free 30 minute consultation. Please call 1 844-618-8080 (toll free) or text 778—676—3808—

We have experience helping parents with child support variation applications and offer free initial consultations. We have offices in Downtown Toronto, Burlington, Newmarket, and Vaughn for your convenience.

Related: Family law: New act puts children first during divorces

The Matrimonial Home in Ontario

In Ontario, the matrimonial home is treated differently than most pieces of property and when it comes to dividing the family property, parties to a divorce have unique rights in relation to the matrimonial home.

The Family Law Act defines the matrimonial home as “every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence is their matrimonial home.”

Related: Family Lawyers in Toronto

Spouses can have multiple matrimonial homes, including the main house lived in by both spouses, but also cottages, chalets, vacation homes and condominiums.

Need to learn about how child support works in Ontario? Contact one of our toronto family lawyers to book your free 30 minute consultation. Please call 1 844-618-8080 (toll free) or text 778—676—3808—

It doesn’t matter if the spouses live at the property full time or only for certain periods of time. As long as the intention of the parties is to treat the property like a residence it is considered to be a matrimonial home.

For example, a cottage used only during the weekends in the summer will be considered a matrimonial home.Once a property is established as a matrimonial home both spouses have an equal right to possession of the matrimonial home.

One spouse cannot force the other spouse to give up their possessory rights. The right to possession of the matrimonial home is applicable regardless of whether it is a piece of property owned or rented by the spouses.

If the home is owned, the property cannot be sold by one spouse without the written consent of the other spouse. The matrimonial home is also treated differently when it comes to division of family property.

how child support works in Ontario

Typically, spouses get a deduction for property brought into the relationship. In addition, certain can be excluded from property division if it was inherited or gifted to the spouse.

Unlike other pieces of property, the matrimonial home is not able to be excluded from property division and if it is brought into the relationship, it is not open for exemption.

The court may unequally divide the value of the net family property, including the matrimonial home, in rare circumstances where equalizing the property would be unconscionable.

Need to learn about how child support works in Ontario? Contact one of our toronto family lawyers to book your free 30 minute consultation. Please call 1 844-618-8080 (toll free) or text 778—676—3808—

Have questions about your property and your matrimonial home? Speak to one of our Toronto family law lawyers for more information. We offer free initial consultations and have offices in Downtown Toronto, Burlington, Newmarket, and Vaughn for your convenience.

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