Legal Steps for Resolving Disputes Over Child Support Payments

Understanding Child Support Laws in Toronto

Child support in Ontario is governed by the Federal Child Support Guidelines, the Divorce Act, and the Family Law Act for married couples. Common-law couples are governed by the Ontario Child Support Guidelines and the Children’s Law Reform Act. These laws ensure that children receive financial support from both parents. Understanding the legal framework these statutes create is an important step. If you are facing a dispute over child support payments, retaining the services of an experienced family law lawyer in Toronto is even more crucial to help you achieve a viable solution as soon as possible. In this post, the singular “child” refers to one or more children.

Determining Child Support Obligations

The Federal Child Support Guidelines aim to provide consistency and fairness in financial calculations for married couples across Canada. They outline how child support payments are determined, including the following:

•   Basic child support amounts: Based on the paying parent’s income and the number of children, though often considers both parties’ income and what is set out in the parenting arrangement.
•   Special or extraordinary expenses: Additional costs like tuition, medical expenses, or extracurricular activities.
•   Changes in financial circumstances: How to request modifications if income or expenses change.
•   Enforcement mechanisms: Ensuring compliance through the Family Responsibility Office (FRO).

When child custody and visitation arrangements are first made, these guidelines will be followed to establish who will pay child support, for how long, and how much. If the judicial directives are followed, there is no need for enforcement. In the case of a dispute or non-payment, you can take legal action.

How Can I Enforce a Child Support Order in Toronto?

If a parent fails to make court-ordered payments in Ontario, the Family Responsibility Office (FRO) enforces court-ordered support. The FRO has several enforcement tools at its disposal, including the following:

•   Wage garnishment: Under Section 20 of the Family Responsibility and Support Arrears Enforcement Act, the FRO can issue a Support Deduction Notice to an employer, requiring them to deduct child support payments directly from the payor’s wages.
•   Driver’s license suspension: If payments are overdue, the FRO can request the Ministry of Transportation to suspend the delinquent parent’s driver’s license until payments are made.
•   Asset seizure: The FRO can place a lien on personal property or initiate legal action to seize assets, including bank accounts and real estate.
•   Passport and federal license suspension: The FRO can request that the Government of Canada suspend passports and federal licenses (such as hunting or fishing).
•   Credit reduction: Missed payments can be reported to credit bureaus, negatively affecting the payor’s credit score.

How Can a Family Lawyer Help Enforce Child Support Payments in Ontario?

The FRO provides robust enforcement mechanisms, but it can be slow. When time is of the essence, or a situation has continued for too long, a family lawyer can take the following actions to advance your case:

•   Expedite enforcement actions by ensuring all documentation is submitted correctly.
•   Assist in negotiations with the FRO to set up payment plans or resolve disputes.
•   Represent your case in court if the payor disputes the enforcement measures.

How Do I Modify an Existing Child Support Agreement?

Life circumstances change, and so do financial situations. If a parent experiences job loss, illness, or other significant financial shifts, they may need to modify binding child support obligations. A family lawyer in Ontario can assist in filing the necessary documents when the parenting relationships are contentious. If that is the case, you will need to file a “Motion to Change” along with a group of supplementary supportive documents, including significant financial disclosure, that explain your current financial position and why you are requesting an update to the existing child support payment plan. The judge will review your submission for approval. Such requests require strong financial evidence with supporting documents and reasoning; a Toronto family attorney can advise if your arguments are legally sound.

Resolving Child Support Disputes Through Mediation

Mediation is often a faster and less adversarial way to resolve child support disputes. A neutral mediator helps both parties reach a fair and legally binding agreement. A mediator is a paid service provider. Our firm has extensive experience in alternative dispute resolution, assisting parents to find amicable solutions without the stress of court proceedings.

Taking Child Support Disputes to Court

If mediation fails, litigation may be necessary. The Ontario Court of Justice and the Superior Court of Justice (Family Court) handle child support disputes. We have a proven track record of representing clients in court, ensuring that the child’s best interests are protected while advocating fair financial support. Note, however, that litigation can be costly and should be weighed against the amount you want to recuperate or reduce in payment.

Handling Child Support in High-Income Cases

Child support calculations can become complex for high-income earners and in high-net-worth scenarios. The courts have discretion to deviate from the standard guidelines. Some considerations that our experienced Ontario family lawyers can help you address include the following:

•   Income over $150,000: When your income exceeds $150,000, courts can either follow the standard table amount or adjust it based on the child’s needs. Judges may consider lifestyle, educational costs, and extraordinary expenses when determining a reasonable amount.
•   Bonuses, stock options, and business income: If you receive annual bonuses, stock options, or profit-sharing, the court may average your income over several years to ensure fair calculations. Self-employed individuals and business owners must disclose all sources of income, including retained earnings in corporations. Our firm can assist you in making sure these calculations are fair and adjusted.
•   Special and extraordinary expenses: Like all child support calculations, extracurricular activities, school expenses or tuition costs, travel, and medical expenses may be added to the standard child support amount.

Working with a family lawyer in Ontario helps ensure that financial disclosures are accurate and that calculations represent income and obligations fairly. Family lawyers from our firm can also negotiate settlements or structured support agreements that minimize unnecessary litigation.

Judicial Discretion and Fairness

Unlike standard cases that are determined by the Federal Child Support Guidelines, judges in high-income disputes can determine what is reasonable and proportionate to the child’s needs. Courts must avoid overcompensation, ensuring support is for the child’s benefit and not a disguised form of spousal support.

Child Support for Adult Children

In Ontario, child support obligations may extend beyond 18 for several reasons, such as the child is in full-time education, has a disability, or has long-term medical needs. Courts assess the child’s financial needs and the parent’s ability to contribute. Legal counsel can assist you in resolving the complexities of extended child support obligations. There is also a formal process for winding down or terminating child support.

Why Choose Anthony Family Law for Child Support Disputes?

Anthony Family Law has extensive experience handling child support disputes in the Greater Toronto Area and Windsor. We offer strategic guidance, assertive advocacy, and a client-focused approach to resolving conflicts efficiently. Our skilled family lawyers bring unique skill sets from backgrounds in dispute resolution, commercial litigation, and financial law, making solving even the most complex support situations possible. Whether through mediation or litigation, we are committed to securing fair and legally sound child support arrangements.

Contact us today at 647-933-2397 for a free 20-minute consultation. Take the first step toward effectively resolving your child support matter.