Child Support Changes Or Withdrawal

Withdrawal of child support occurs when the child ceases to be a child of the marriage.

Under the Divorce Act, that can occur when the child is working full time, is 18 years or older, and is not in school anymore. Also, when the child decides to change residence and goes to the mother’s residence from his father’s or vice versa, the parent who was the payor will now be the recipient.

Under the guidelines, child support must be looked at every year. Technically when someone’s salary goes from $75,000 to $76,000, it could be argued that you don’t need to do a recalculation. But most Separation Agreements will provide for that recalculation. The policy behind it is that the payer’s lifestyle would improve if they were together and so would the lifestyle of the children and therefore the child support should increase.

What if the recipient parent’s income increases?

In most cases, the recipient parent’s income is irrelevant to the basic child support. If the recipient’s income goes up from $25,000, to $70,000 and the payer’s income is still $75,000, the payer’s child support will stay the same. It may affect the payer’s spousal support obligation or the amount paid for extraordinary expenses, if there are any, but it will have no impact on the amount of the basic child support. In situations of split custody or shared custody then both parent’s income is relevant to the determination.

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If you, or someone you care about, is dealing with family law issues in York Region, Durham Region or Toronto, contact Feldstein Family Law Group for a consultation.

Disclaimer:

This article is taken from a November 30, 2007 interview with Andrew Feldstein, Family Lawyer with Feldstein Family Law Group a Toronto Ontario Family Law Firm. Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.