How is basic or table child support established?
At the outset, it is important to note that:
- Child support is mandatory in Ontario; and,
- Child support in Ontario is comprised of two components: the table or basic amount of child support, as well as an amount for special or extraordinary expenses. This article shall deal exclusively with the former category.
The parent with whom the child primarily resides is entitled to a basic or a table amount to compensate them for money spent on caring for the child on a day-to-day basis. The amount of basic or table child support that a person paying support (also known as the payor) is required to pay is outlined under the Child Support Guidelines. The Child Support Guidelines determine the amount of child support on the basis of two factors. The first factor is the annual income of the paying parent, and the second is the number of children in need of receiving child support.
There are circumstances in which it is appropriate that the amount of child support deviate from the above-noted formula. Such circumstances include cases where parents share residency of the child, or where the payment of child support would result in undue hardship for the parent providing the support. Furthermore, when a payer's income is over $150,000.00 the court maintains discretion in terms of determining the quantum of child support owing.
For more information on child support in relation to family law matters, contact Krol & Krol at 905.707.3370.
