Child and Spousal Support Guide

In Canada, both parents are expected to contribute to the support of their children. The non-custodial parent makes his or her contribution through payment of child support to the other parent. The amount of child support is determined by the Federal Child Support Guidelines. The amount of child support is based on the number of children to be supported, the income of the person paying the support and the province the person paying the support lives in.

The basic amount of child support may be increased to compensate the parent who the child lives with for certain extra expenses such as child care. The parents are expected to share these expenses in proportion to their incomes.

If one spouse was fully or partially financially dependent on the other during a marriage or during a long term common law relationship, the dependent spouse may be entitled to spousal support from the other should the relationship break down.

When spousal support is ordered by a Judge or paid under a formal written agreement, the spouse paying the support gets a tax deduction while the spouse receiving the support has to declare it as income. In the case of child support, the spouse paying the support does not get a deduction and the recipient does not have to declare the support as income.

If you think you are entitled to spousal or child support or if support is being sought from you, you need sound legal advice to determine what is fair and appropriate.

At Birkett Ticoll our goal is to assist you in finding an effective and practical solution to your family law problems. Call us for a free telephone consultation.

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