Child & Spousal Support
Guardians & Parents Must Financially Support the Children. Former Spouses, in Some Cases, May Have to Pay Support to the Other Spouse.
Parents, guardians, and sometimes step parents, must pay child support. The amount of Child Support is connected to:
Your parenting arrangement will determine who has obligation to pay Child Support. If you have sole custody, you will receive Child Support. Unless special circumstances exist, the other parent has to pay the full table amount.
In shared custody and split custody arrangements, both parents must pay Child Support. Usually, the amount of Child Support is a set-off amount.
Unless circumstances warrant, the court must follow the Federal Child Support Guideline table amount.
Often, the court will use the line 150 income of the payor parent to determine income. To clarify, this is the Line 150 income reported on T1 General Tax Return for the most recent tax year. However, if the payor parent is intentionally unemployed, underemployed, or is self-employed, the court may impute an income on him or her. In other words, the court may set his or her income higher than the reported Line 150 income.
Firstly, to get Spousal Support, you must prove entitlement. The grounds for entitlement are:
Secondly, you must determine the amount and duration of spousal support. This is affected by:
Quantum and duration of spousal support is based on SSAG (Spousal Support Advisory Guidelines). You can calculate the amount of spousal support using this online Calculator. Unlike Child Support, the court has discretion to depart from SSAG.
We caution against paying Spousal Support in Lump Sum. Lump Sum spousal support is not tax deductible, whereas Periodic Spousal Support is tax deductible at the payor’s hands.