Noori Law | A Boutique Family Law Firm - Professional. Knowledgable. Tenacious. Noori Law is a boutique law firm focused solely on the practice of Family Law. Hind Noori is dedicated to providing experienced, effective, cost-efficient and timely services within a client-centered framework. At Noori Law our goal is to provide the most comprehensive Family Law related legal advice to help our clients achieve their objectives. Hind Noori is committed to acting in the best interests of our clients, and their families, through tailored approaches and solutions.

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Child Support

CHILD SUPPORT

Child support is the right of the children. It is money paid to cover the expenses of raising the children.

There are two types of child support, table support (Section 3) and special and extraordinary expenses (Section 7). Support is payable as of the date of separation. 

What does Child Support cover? 

It is a regular amount of money paid on a monthly basis to cover the children’s basic expenses such as clothing, food, water and shelter. It falls under Section 3 of the Child Support Guidelines. 

The amount of monthly support you receive is based on the regular parenting schedule and the payor’s income. If one parent has the children in his/her care the majority of the time, then the other parent will pay this amount on the basis of her/his income, the number of children and the Child Support Guidelines.

If the children spend their time equally with both parents, then the amount of support is discretionary. When each parent is responsible for the children 40% of the time or more, also known as “shared parenting,” the support depends on the specific situation at hand. If the parents follow a shared parenting arrangement, support is usually offset between them. 

Although determining support may seem straight forward, many issues may present themselves which can impact the application of the Guidelines. In some cases, figuring out one’s income is a challenge because income for child support purposes is not necessarily limited to the payor’s Line 150 of her/his tax return. Please visit the “Income Imputation” page for more information. 

Special and Extraordinary Expenses

Support for special and extraordinary expenses is payable over and above the table support amount. It is money that covers the extra costs of the children falling under Section 7 of the Child Support Guidelines. It also indicates that certain expenses are shareable between the parents in proportionate to their incomes. 

As stated above, support is payable as at the date of separation. Therefore, the amount of ongoing and retroactive child support are issues that most couples will face throughout this process. 

At Noori Law, we have handled many cases with respect to both ongoing support and arrears of support. Contact us now for any child support related needs.

a man supporting a child's hand
Commonly Asked Questions About Child Support

Can child support be waived by mutual agreement between parents?

No, in Canada child support is considered your child’s right, and both parents are obligated to contribute to the child’s upbringing. If you draft an agreement to waive it off, it won’t be legally enforceable.

I am moving to another country. Do I continue paying child support?

Canada has reciprocal agreements with several countries to enforce child support orders. This means, you are required to contribute to your child’s upbringing, no matter which country you live in.

Can I claim retroactive child support?

Yes, you can claim retroactive child support if you feel there was an existing obligation to pay support, which wasn’t met. You can also claim it if the other parent had a significant increase in salary and support wasn’t updated. 

What happens to child support if I lose my job?

You can apply for a modification, which the court will review and reduce or temporarily stop child support payment. Once you are employed again, you’ll have to make up for the missed payments. 

Does child support stop when my child turns 18 years?

Yes, typically, support payments stop when your child turns 18. However, if they are attending university, payments will continue until they finish. If your child is disabled and requires ongoing support, child support payments may be extended indefinitely.