What is the relevant law if my spouse quit her/his job to pay less child support?

The amount of child support that a parent is obligated to pay is determined by numerous factors as outlined in the Child Support Guidelines in Ontario. These factors include but are not limited to:

• The child’s or children’s needs;
• The income of both parties;
• The custody arrangements.

Some individuals believe that by quitting their job, or deliberately reducing their income they can minimize or completely eliminate their obligation to pay child support.

If a parent believes that the other parent is purposely avoiding payments in this way, they are within their rights to bring their case to the Court’s attention.  If the Court believes that the parent is deliberately minimizing or lying about their income to avoid child support payments, the Child Support Guidelines in Ontario empower Courts to impute income to that parent. This means that a Court will estimate what the parents’ income should be and create a support order accordingly.

Situations whereby the court is empowered to do so, under the Child Support Guidelines include, but are not limited to circumstances whereby a Court believes that a payor parent is:

• Intentionally under-employed or unemployed;
• Failing to disclose all of their income information;
• Taking unreasonable deductions from their income;
• Failing to be honest when it comes to what they are earning;
• Hiding money;
• Purposely taking on a job that is not suitable for them;
• Failing to reasonably look for suitable work;
• Failing to provide good reason for quitting a job;
• Taking a job with a lower salary on purpose that does not match up to his or her level of experience and or education.

For more information on child support payments and obligations, contact Krol & Krol at 905.707.3370.